Tenant staying on after lease expiry? Here’s a 6-step guide to evict them with a 15-day notice

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Your tenant’s lease expired — you can evict in just 15 days

Under Section 106 of the Transfer of Property Act, a landlord can serve a written 15-day notice to quit once a lease expires and converts into a month-to-month tenancy — no court order needed to begin the process.

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Accepting rent after expiry? You just created a “holdover tenancy”

When the lease expires but the landlord keeps accepting rent, the law automatically converts the arrangement into a month-to-month tenancy — legally called a “tenancy by holding over.” This is what unlocks the 15-day notice right.

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Three boxes must be ticked before you send that notice

*The original lease has expired
*Rent is still being paid and accepted (month-to-month arrangement is active)
*No written clause in the expired lease specifying a longer notice period

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Watch out! Two things can override the 15-day rule entirely

Old lease clause: If the expired agreement specified 30 days or more, that term still applies
State Rent Control Acts: Cities like Mumbai, Delhi, or Chennai may have stricter local rules that override the central Act

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Tenant refuses to leave after 15 days? Here’s exactly what happens next

The 15-day notice does not physically remove anyone. If the tenant overstays after the notice period, the landlord must file a formal eviction suit in civil court. The notice itself becomes the key legal document proving you followed due process.

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3 things every landlord should do before serving any notice

*Get your rental agreement verified and properly registered — ambiguity helps tenants, not landlords
*Send the notice in writing via registered post, keeping proof of delivery

Disclosure: Consult a local lawyer — state rent control acts vary enormously and can change your entire strategy

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