To avoid this, there are some relatively simple steps you can take. First of all, be clear in your communication with the tenant. Even if you are not legally obliged to make a notification (your tenancy agreement should already contain a termination clause), it may be helpful to remind the tenant. Maybe your tenant, who won`t leave, can`t — he forgot that their lease was coming, and he couldn`t find another place to live. However, if your tenant survives his lease, you must go through the normal eviction process. This means that you are likely to report a formal eviction to your parish, attend a hearing before a judge and stick to the decision. When a lease ends, a tenant may choose to move, continue to pay rent as a monthly tenant or sign a new lease. If a tenant continues to pay rent at the end of a tenancy agreement, in most countries the terms of the expired tenancy agreement will be transferred to a monthly tenancy agreement. The landlord can only change the tenancy conditions if he has properly informed the tenant; Most countries require at least 30 days` notice to change the terms of a monthly lease. Unfortunately, Indian courts are burdened by rent disputes. A simple case of rent arrears and ejections recently arrived in the Supreme Court of India in December 2014 in Satendra Singh against Vinod Kumar Bhalotia, where the court highlighted how the law trial was attempted to be abused by the tenant by rejecting the landlord`s attempts to reclaim ownership of the premises. The Tenant had continued to occupy the appeal rooms after the expiry of 32 years since the expiry of the original lease, which had been concluded for a tenancy period of only 11 months. According to the judiciary, «nothing less important is necessary to resolve this crisis.» Unlike a lease clause with an extension clause, a lease clause with an extension clause would not end after the expiry of the original term of the lease if the option of extending the lease was duly exercised under the terms of the original tenancy period.

In Provash Chandra Dulai v. Bishwanath Banerjee (1989), the Supreme Court of India held that a leasing act did not necessarily have to be reassessed to allow for the extension of the original lease. On the contrary, the initial lease remains in effect for the extended lease period, since an extension of the lease is only an extension of the original lease. In state of Uttar Pradesh – Others/Lalji Tandon (2003), the high-level court also found that the main lease would remain in effect for the additional lease period agreed upon by the parties. Landlords can continue to provide a tenant with the necessary notification for the evacuation of the property either at the end of a fixed-term lease or during a periodic lease. However, if the tenant is unable or unsuitable for free ownership at the required time, the termination can only be carried out after the emergency period has expired. In this scenario, we advise you to work with your property manager to reach a mutually beneficial agreement.