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What To Do If a Tenant Refuses To Vacate NRI Property

Legal notice, eviction process and how long it really takes — explained.

· 8 min read

Step 1 — Legal notice

An advocate-issued legal notice is the first and most underrated step. In a large share of cases, the tenant vacates within 15–30 days of receiving a properly drafted notice citing the lease clauses and consequences.

Step 2 — Eviction suit

If the tenant ignores the notice, the next step is an eviction suit under the relevant Rent Control Act (state-specific). Timelines vary by state, but contested matters typically run 12–24 months. Mesne profits (compensation for unauthorised occupation) can be claimed alongside.

Step 3 — Recovery of arrears

Unpaid rent can be recovered via a summary suit. Document everything: lease, bank transactions, WhatsApp messages, and the legal notice itself. NRI clients should grant a narrow Power of Attorney to allow their advocate to appear on their behalf.

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