11-Month Rent Agreement Expired But Tenant Refuses To Leave? Here's What Landlords Can Do

When an 11-month rental agreement expires and the tenant refuses to vacate the premises, many landlords find themselves caught between frustration and fear of legal missteps. While the law largely favours property owners in such situations, experts caution that a single wrong move, such as cutting off utilities or forcibly locking the property, can quickly turn the tables.

Legally speaking, once a fixed-term rental agreement comes to an end, the tenant’s right to occupy the property also expires. In the absence of a renewed agreement, the occupant can be treated as unauthorised. However, this does not give the landlord the freedom to take matters into their own hands. Actions like disconnecting electricity or water supply, changing locks, or physically

evicting the tenant are unlawful and can expose the owner to criminal liability.

The correct first step, lawyers say, is to issue a formal legal notice through an advocate. The notice should clearly state that the rental agreement has expired and demand that the tenant vacate the property within a reasonable time frame, usually between 15-30 days. In many cases, the matter ends there, with tenants choosing to leave once a legal notice is served. The notice may also include a demand for compensation or damages for overstaying beyond the agreed period.

Complications arise when rent continues to be paid, and accepted, after the agreement has ended. Under Section 106 of the Transfer of Property Act, such conduct may be interpreted as the creation of a month-to-month tenancy. In this situation, the tenant’s occupation is no longer automatically illegal, and the landlord must issue a written 15-day notice to terminate the tenancy before seeking eviction.

Legal experts advise landlords to be cautious here. If rent payments continue after the agreement expires, refusing to accept them significantly weakens the tenant’s position. A landlord who clearly communicates, in writing, that rent is not being accepted because the agreement has ended strengthens the case that the occupant is unauthorised.

Once this position is established, the landlord can approach a civil court and file an eviction suit. In straightforward cases supported by documentation, courts often rule in favour of the landlord, sometimes even in the first hearing.

Many landlords wonder whether the police can intervene when a tenant refuses to vacate. The answer is nuanced. Police authorities generally do not step in for civil disputes over possession alone. However, if the tenant threatens the landlord, forcibly occupies the property, or if the agreement is discovered to be forged or fraudulent, a police complaint may be filed under Sections 441 and 447 of the Indian Penal Code, which deal with criminal trespass.

The rise of online rent payments has added another layer of complexity. If a tenant continues to transfer rent digitally after the agreement ends, accepting the payment can be risky. Courts may view such acceptance as consent to the tenant’s continued stay. The safest course of action is to immediately refund the amount and clearly record, through WhatsApp messages, email communication, or a legal notice, that the rent is being returned because the tenancy has ended and is not being renewed.

If a landlord has already accepted rent after expiry, all is not lost. Legal practitioners recommend sending an immediate notice under Section 106 of the Transfer of Property Act, clearly stating that acceptance of rent does not amount to consent for continued occupation and that the landlord reserves the right to seek eviction. Where the landlord has consistently objected in writing, courts often recognise that rent was accepted merely as compensation for use of the property, not as an extension of tenancy.

What landlords must avoid at all costs is silence. Continuing to accept rent without objection, failing to issue written notices, or allowing months to pass without action can seriously damage an eviction case. The moment an agreement ends, the landlord’s position should be put on record, no further rent will be accepted and the property must be vacated.

At the heart of every such dispute lies the rental agreement itself. The document establishes ownership, tenancy, rent, duration, and conditions for termination. Courts rely heavily on the written agreement, often treating verbal claims as legally insignificant. During the agreement period, a tenant’s possession is lawful. Once the term expires, that legality depends entirely on subsequent conduct and documentation. For landlords, a properly drafted rental agreement remains the strongest line of defence when disputes arise.