Evicting a Tenant in Kolkata: Grounds Under the West Bengal Premises Tenancy Act, Notice, Suit and Rent Deposit Rules
A landlord in Kolkata can evict a tenant only through the legal process. For tenancies covered by the West Bengal Premises Tenancy Act, 1997, eviction is possible only on the grounds listed in section 6 — such as default in rent for three months within a year, unauthorised subletting, the landlord’s bona fide need for own occupation, nuisance, or the tenant acquiring another house — after a one-month notice in most cases, through a suit in the civil court. Tenancies under a registered lease, and higher-rent tenancies, fall outside the Act and are ended under the agreement and the Transfer of Property Act. Cutting off water or electricity, changing locks or removing belongings is illegal and can expose the landlord to criminal and civil action.
First question: is the tenancy under the Act?
The Act applies in KMC, Howrah and other municipal areas, but not to:
- Tenancies under a lease registered under the Registration Act.
- Residential premises with rent above ₹2,000 a month in KMC or Howrah (₹1,000 elsewhere).
- Non-residential premises with rent above ₹3,000 a month in KMC or Howrah (₹1,500 elsewhere).
- Government and certain other premises.
If your tenancy is outside the Act, see the section on tenancies outside the Act below.
Grounds for eviction under section 6
| Ground | In brief |
|---|---|
| (a) | Subletting, assignment or change of use without the landlord’s written consent |
| (b) | Default in rent for three months within twelve months |
| (c) | Building or rebuilding that cannot be done without vacant possession |
| (d) | Landlord (owner) reasonably requires the premises for own occupation or for a dependant, with no suitable alternative accommodation |
| (e) | Tenant gave notice to quit but did not leave |
| (f) | Breach of key tenant obligations under the Transfer of Property Act |
| (g) | Immoral or illegal use |
| (h) | Waste or negligence causing material deterioration |
| (i) | Nuisance or annoyance to neighbours, including the landlord |
| (j) | Tenant has acquired, built or been allotted a suitable house or flat |
| (k) | Landlord in the armed forces needs the premises for family |
| (l) | Tenant or family does not live there for most of the year and keeps it locked |
A landlord who bought the property cannot sue on grounds (c) or (d) within one year of acquiring it.
The process
- Notice: one month’s written notice, expiring with a month of the tenancy, before filing (except where the tenant gave notice to quit).
- Suit: file a suit for eviction in the competent civil court in Kolkata, with evidence for the ground.
- Tenant’s deposit: in default cases, the tenant can deposit all arrears with 10% interest within one month of being served, and then pay monthly by the 15th. If the tenant does this, relief from eviction on the default ground is usually given once.
- Decree and execution: if the landlord succeeds, the court passes a decree and the landlord executes it through the court.
Rent deposits with the Rent Controller
If a landlord refuses to accept rent, the tenant can send it by money order and, if refused again, deposit it with the Rent Controller. A valid deposit counts as payment. Landlords who refuse rent without good reason can be penalised. Do not refuse rent to build a “default” case; courts see through it.
Tenancies outside the Act
- Fixed-term leases: the tenancy ends at the end of the term. If the tenant does not leave, file a suit for eviction and mesne profits (damages for occupation).
- Month-to-month tenancies: end the tenancy with a written notice under section 106 of the Transfer of Property Act (15 days for monthly tenancies), then sue if needed.
- Agreements with lock-in and notice clauses: follow the agreement first.
What a landlord must not do
- Disconnect electricity or water, change locks, or remove the tenant’s belongings.
- Use force or intimidation.
- Refuse rent to create a default.
These can lead to police complaints, injunctions and damages.
Practical tips for Kolkata landlords
- Use written agreements with a clear term, notice and rent escalation; consider registered leases for long tenancies.
- Keep bank records of rent received and copies of receipts.
- Inform the police station of tenant details.
- For old tenancies at very low rents, explore a negotiated surrender with compensation; litigation can take years.
Example: an old tenancy in north Kolkata
A family owns a three-storey house in Shyambazar with a ground-floor tenant paying ₹800 a month since 1985. The tenancy is under the Act because the rent is below the threshold. The owners need the premises for a son’s family. They send a one-month notice, file an eviction suit on the ground of reasonable requirement, and produce evidence that they have no other suitable accommodation in Kolkata. In parallel, they offer the tenant a negotiated surrender with compensation, which the tenant accepts after a year, avoiding a long trial.
FAQs
Can I evict a tenant for not paying rent in Kolkata?
Yes, if default is for three months within twelve months under the Act, but the tenant can avoid eviction once by depositing arrears with interest in time.
Does the Tenancy Act apply to my flat rented at ₹25,000?
No. Residential premises in KMC with rent above ₹2,000 a month are outside the Act.
Can a landlord evict for own use?
Yes, an owner landlord can on the ground of reasonable requirement for own occupation, if no suitable alternative accommodation is available.
Can a landlord increase rent for an old tenant under the Act?
Only as the Act allows, including fair rent fixed by the Controller and automatic increases every three years.
TAXAJ, with its legal team, advises landlords and tenants in Kolkata on tenancy disputes, notices and agreements. Talk to our Kolkata team.
Last updated 11 November 2026. Sources: West Bengal Premises Tenancy Act, 1997, sections 1, 3, 6, 7, 21, 22 and 34; Transfer of Property Act, 1882, sections 106 and 108. General information only; take legal advice on your facts.
