Sakshi Tuteja (Consultant) 16 July 2026

Legal recourse for eviction of tenant

My husband Mr S is tensed because of a property matter. He has lend his property to a person Mr N for rent and he stayed on rent for 2 years. Later the tenant agreed to buy the property. Mr S agreed for sale but no agreement was signed. Now the date of sale has arrived. The tenant is not paying the money and is not vacating the property. Mr N has even stopped paying rent from the last few months. The due date for payment was 16 july 2026 I.e today.

My question is-

1. The tenant looks wealthy but still he is not paying the amount to Mr S, what is the reason behind this?

2. Whom shall Mr S approach lawyers or property dealers or police or administration?

3. Mr N is not paying rent but neither he is refusing to pay. He keeps pushing the date of payment.

Please guide and give reference of a good lawyer in West Delhi. Property is in Chander Vihar (Behind Vikas Puri) Delhi

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Quick Summary

This discussion addresses a landlord's predicament where a tenant, who had agreed to purchase the property, is now neither paying the agreed sale amount nor vacating the premises, and has also stopped paying rent. The advice clarifies that oral sale agreements without a deposit are not legally binding. The landlord's primary recourse is to issue a legal notice for outstanding rent and then file an eviction petition with the Rent Controller due to wilful default, as forcibly evicting the tenant is illegal.

5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 16 July 2026

If a tenant stops paying rent in Delhi, the owner must never forcibly evict them, disconnect utilities, or lock them out. Instead, the owner must review the rent agreement, send a formal legal notice demanding the dues, and file an eviction petition with the Rent Controller

P. Venu (Advocate) 16 July 2026

Facts posted suggest that, oral agreements notwithstanding, the present status of Mr.N continuesto be that of a tenant . As such, non-payment of rent itself is sufficient ground to seek his eviction

Advocate Bhartesh goyal (advocate) 17 July 2026

Firstly issue notice to tenant and demand due rent and if he doesn't comply with notice then file eviction petition before Rent Tribunal .

Dr. J C Vashista (Advocate ) 17 July 2026

There is an oral agreement without any consideration / Bayana amount/ earnest money paid to Mr S, accordingly it is not an agreement, if Mr S want to revoke the oral agreement in the given circumstances. Mr N has no legal right to claim for performance of oral agreement to sell / purchase.

Outstanding rent has to be demanded/ claimed as per rent control laws prevelent in your State. The demised property can be sought to be vacated for non payment of rent.

There is no such law / rule / convention in Delhi or any other State (in India) to forcibly throw the tenant out (legally).

It would be appropriate to contact, consult and engage a local prudent lawyer for proper analyses of facts/ documents, professional advise and necessary proceeding.

T. Kalaiselvan, Advocate (Advocate) 17 July 2026

Non payment of monthly rental amount is treated as wilful default and the tenant is liable to be evicted through court of for this reason alone.

If there's no formal agreement for sale then there's no point in demanding him to purchase the property.

The oral agreement is not legally valid hence you cannot enforce it, besides he has not paid any advance amount too towards part of sale consideration amount.

You issue a legal eviction notice and pursue the matter through an eviction suit for wilful default of monthly rental payment.