Tenant refusing to vacate flat? Mumbai landlords get new weapon for those who won’t budge

Mumbai landlords now have a new tool for evicting tenants who refuse to leave, thanks to the Maharashtra Rent Control Act. Instead of starting with a traditional eviction suit, property owners can now approach their zonal DCP for an eviction order under the Act. This provision was introduced recently, with all 15 zonal DCPs under the Mumbai Police Commissionerate granted the authority to make such orders.

To use this provision, landlords must apply to the relevant DCP for the area where the property is located. They must submit the registered leave and licence agreement, proof of ownership or legal right to recover possession, and evidence that the agreement has expired. Other required documents include proof of the expired agreement, occupant details, and correspondence asking them to vacate.

Once the application is filed, the DCP examines it and issues a summons to the occupant, who has 30 days to contest the eviction. If the occupant raises grounds that could disentitle the landlord from obtaining an eviction order, the authority will conduct a hearing within six months. If permission to contest is refused, the DCP can pass an eviction order.

Under the Act, landlords can claim double the rent owed for the period the occupant remains in possession after the agreement expires. If the occupant refuses to leave even after an eviction order, the DCP or an authorised officer can take possession of the premises within 30 days, using necessary force. However, landlords cannot forcibly remove occupants or cut off essential services.