The tenant’s licence expired 3 months ago. They’re still in the flat. Calls go unanswered. You have another buyer or tenant waiting. What do you do?
The answer depends almost entirely on whether you used a Leave & Licence agreement (the correct structure for residential tenancies in Maharashtra) or a lease — and whether the agreement was registered. Here’s the complete playbook.
Why the Agreement Type Determines Everything
Leave & Licence (L&L): The correct legal instrument for residential rentals in Maharashtra. Creates a licence to occupy, not tenancy rights. The licensee has no statutory right to remain after the licence expires. Eviction is relatively straightforward.
Lease: Creates tenancy rights. In Maharashtra, tenants under the Maharashtra Rent Control Act 1999 (applicable to leases in designated areas) have strong statutory protection against eviction except for very specific grounds. Eviction via court takes 5–15 years in practice.
Moral of the story: Always use Leave & Licence. If you are in a lease situation with an existing tenant, consult a lawyer before taking any action.
This guide focuses on L&L evictions, which cover the vast majority of modern residential tenancies in Pune.
Step 1: Confirm Licence Expiry and Send a Legal Notice
When the L&L period ends and the tenant doesn’t vacate:
Immediate action: Send a legal notice via registered post.
The notice must:
- State the licence expiry date
- State that the tenant (licensee) is in unauthorised occupation
- Demand vacant possession by a specific date (give 30 days — this is the statutory notice period under Section 24 of the Indian Easements Act for licences)
- Reserve the right to initiate legal proceedings if the flat is not vacated
Engage an advocate to draft and send this notice. Cost: ₹2,000–₹5,000 including advocate fees and registered post. The notice creates an official record and is required before court filing.
Important: Do not use WhatsApp or email as the sole notice channel. Registered post creates a provable delivery record that courts accept. Send simultaneously by email for evidence that the notice was received, but always use registered post as the primary mode.
Step 2: Wait for the Notice Period
Give the tenant the full notice period (30 days minimum). This is both a legal requirement and a practical one — courts look negatively on landlords who jump to filing before proper notice.
During this period:
- Do not cut electricity, water, or gas to the flat — this is illegal and constitutes harassment, which can backfire on you in court
- Do not change the locks while the tenant is in possession — criminal trespass charge may apply to you, not the tenant
- Document everything: save WhatsApp messages, emails, call records
Step 3: File for Eviction in Small Causes Court
If the tenant doesn’t vacate after notice:
Which court:
- In Pune: Court of Small Causes, Pune (for licensed properties with monthly rent below a threshold) or the Civil Court
- For monthly rent above ₹10,000 (approximate threshold): Civil Court has jurisdiction
- Your advocate will advise based on your specific rent amount and location
What to file: A suit for recovery of possession under the Indian Easements Act (for licences). The relief sought is: vacant possession of the flat and mesne profits (compensation for illegal occupation at market rent rate).
Documents required:
- Original registered Leave & Licence agreement
- Proof of legal notice sent (registered post receipt + copy of notice)
- Proof that the notice period has elapsed without compliance
- Property documents establishing your ownership
Court fees: Based on the value of the suit (market rent × remaining occupation months). Typically ₹2,000–₹10,000 for Small Causes Court.
Advocate fees: ₹15,000–₹50,000 depending on complexity and advocate’s standing.
Timeline Expectations
For registered L&L agreements in Pune:
| Stage | Typical Duration |
|---|---|
| Legal notice to vacate | 30 days |
| Filing to first hearing | 30–60 days |
| If tenant doesn’t contest | 60–120 days total |
| If tenant contests (most cases) | 6–18 months |
| If tenant files counter-claim | 12–36 months |
The most common outcome: Once a court suit is filed, many tenants vacate within 60–90 days to avoid a formal adverse order on their record. Filing the suit itself is often the resolution.
Registered vs. unregistered L&L: For agreements below 12 months that were not registered (common in Pune), the eviction suit is slightly more complex because courts sometimes give more weight to registered documents. However, an unregistered L&L is still admissible as evidence; it just has lower probative value.
Can You Evict for Non-Payment of Rent?
Yes, but the process is the same — notice + court suit. The notice must specifically state the arrears and demand both payment and/or vacation.
In the suit, you can claim:
- Vacant possession
- Arrears of rent as debt
- Mesne profits from expiry of licence until actual vacation
- Cost of proceedings
Practical Alternatives to Avoid Court
Negotiated settlement with incentive: Offer the tenant a refund of security deposit + 1–2 months “relocation assistance” in exchange for vacating by a specific date and handing over keys. Get the agreement in writing. Many tenants respond to this — they may be stuck because of a lease deposit they’ve lost elsewhere, or simply need time.
Cost: ₹25,000–₹1 lakh in some cases. Compared to 12–18 months of litigation and lost rent, this is usually cheaper.
Police mediation: File a complaint at the local police station for “unlawful occupation.” Police cannot forcibly evict (that requires a court order) but will visit the property and counsel the tenant, which often prompts compliance. This is informal and not always effective, but costs nothing.
Society committee assistance: Inform the society committee that the tenant’s licence has expired and they are in unauthorised occupation. The committee can formally communicate with the tenant and stop issuing visitor access or parking passes — social pressure within a managed society sometimes works where legal notices don’t.
What NOT to Do
Do not:
- Lock out the tenant without a court order — criminal trespass applies to you
- Cut utilities — Section 108 TPA; also criminal harassment
- Remove the tenant’s belongings — theft/criminal intimidation charge
- Threaten the tenant with physical action — cognisable offence
- Accept partial rent during the dispute without clearly noting it’s “without prejudice” — accepting rent can be construed as creating a new tenancy
Doing any of the above gives the tenant ammunition to file a counter-case against you, converts a civil dispute into a criminal one, and significantly delays your actual eviction.
Special Case: Tenant Has Sublet Without Your Permission
If the original tenant has sublet to someone else without your consent, you have grounds for immediate termination of the licence (most L&L agreements include a sub-letting prohibition). Serve notice on both the original tenant and the sub-tenant, and file for eviction against both. The sub-tenant has no legal protection if the original licence is validly terminated.
After You Get the Court Order
Once a court passes an eviction decree:
- The court issues a warrant of possession
- A court bailiff accompanies you to the property
- If the tenant still refuses to leave, police assistance can be requisitioned
- Possession is handed over with a court official as witness
Post-eviction: Document the flat’s condition with photos immediately upon entry. File a police complaint for any damage caused by the tenant. The mesne profits order (compensation for illegal occupation period) can be separately executed against the tenant’s assets.
Related Reading
- Rental Agreement Guide Pune 2026
- Subletting Rules in Housing Societies Pune 2026
- Landlord Guide to Renting Property in Pune
- Property Dispute Resolution India Guide
Dealing with a tenant who won’t vacate in Pune? Our legal partners handle eviction proceedings. WhatsApp us to get connected with an experienced property advocate.
