Someone will not vacate: Rent Court or civil court?

In short

It depends on what the occupier legally is, not on how the arrangement felt. If there is a tenancy governed by the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, eviction is for the Rent Court. If the person is a licensee (permitted to stay, without a tenancy), a trespasser, or a former owner refusing to hand over, it is an ordinary civil suit for possession. Getting this wrong is the most common and most expensive error in this area — a matter filed in the wrong forum can lose a year at the threshold. And in every case, eviction happens by court order: changing locks or cutting water and power is never a lawful shortcut.

On this page

Does this apply to you?
What does the law say?
What happens, stage by stage?
What documents do you need?
Which court hears it?
How much does it cost, and how long does it take?
What do people get wrong?
Questions people ask

Does this apply to you?#

You own or control premises and the person in them will not leave — a tenant whose term has ended, a relative or employee allowed to stay, a former owner after a sale, or someone occupying without permission. It also applies if you are the occupier and have been told to get out.

What does the law say?#

Provision	Law	What it means for you
Section 21, TN Regulation of Rights and Responsibilities of Landlords and Tenants Act 2017	The grounds for eviction under the Act	A Rent Court may order eviction on specified grounds — arrears of rent, breach of the tenancy conditions, misuse of the premises, the landlord requiring it for his own occupation or for repair or rebuilding. The grounds are a closed list; a tenancy under the Act cannot be ended simply because the landlord would prefer it.
Section 4, the 2017 Act	The agreement must be registered	Every tenancy must be by written agreement, and it must be intimated to the Rent Authority. Non-registration does not put the tenancy outside the Act, but it makes the terms far harder to prove and it is the landlord who usually feels that most.
Section 6, Specific Relief Act 1963	Possession cannot be taken by force	A person dispossessed of immovable property without his consent and otherwise than in due course of law may sue to recover possession, and the suit does not turn on title at all. It must be brought within six months. This is what makes changing the locks so costly: the occupier can be put back in without ever proving a right to be there.
Article 65 / Article 67, Limitation Act 1963	Twelve years, or twelve from determination	A suit for possession based on title is within twelve years from when the defendant's possession becomes adverse. Where possession is claimed from a tenant, time runs from when the tenancy is determined — which is why the notice ending the tenancy matters so much.

What happens, stage by stage?#

Establish what the occupier is
Tenant, licensee or trespasser. Look at what was agreed, what was paid, whether there was exclusive possession, and whether the tenancy was registered. This decides everything that follows.
Check the paperwork
A written agreement, its date, and whether it was intimated to the Rent Authority. A tenancy that began on or after 22 February 2019 is likely under the 2017 Act.
Notice
A proper written notice ending the arrangement and asking for possession by a date. It is both a legal step and, frequently, the point at which the matter settles.
File in the right forum
Rent Court application under the 2017 Act, or a civil suit for possession. Expect the other side to contest the forum itself if there is any ambiguity.
Hearing
Documents do most of the work: the agreement, the payment trail, the notice and proof it was served.
Order and possession
If the order is not obeyed, possession is recovered through execution by the court — not by self-help.

What documents do you need?#

The tenancy or licence agreement, if there is one
Tenancy registration particulars, where the 2017 Act applies
Ownership documents — sale deed, patta, tax receipts
Rent or licence-fee payment records
The notice sent, and proof it was served
Any correspondence about vacating

How much does it cost, and how long does it take?#

Forum	Rent Court, or civil court
Decided by	What the occupier legally is
Civil suit for possession	Typically the slower route
Never lawful	Locks, utilities, force

Questions people ask#

How do I know whether my occupier is a tenant or a licensee?

The label on the document does not settle it. Courts look at the substance — whether exclusive possession was given, what was paid and on what footing, and how the parties actually behaved. An agreement headed "leave and licence" can still be a tenancy on its facts, which is exactly why the forum question is worth settling before filing.

The tenancy was never registered. Does that make eviction easier?

No. Non-registration does not make the occupier a trespasser, and it does not permit self-help. What it does is complicate the forum question and force the terms to be proved from bank entries and messages instead of a document.

Can I cut the water or electricity to make them leave?

No. That is not a lawful route to possession and it tends to damage the case it was meant to speed up. Eviction is by order, then execution.

How long does an eviction take?

It depends heavily on the forum and on whether the forum itself is contested. The Rent Court route under the 2017 Act was designed to be quicker than a civil suit; an ordinary suit for possession is generally the longer road. A realistic estimate needs the actual documents.

The occupier is a family member. Is it different?

Legally the same questions arise — what was agreed, what was paid, what kind of possession was given. Practically these matters are often bound up with an inheritance or partition dispute, and are better looked at together than one at a time.

Which court hears it?#

Under the 2017 Act, an application goes to the Rent Court — in Chennai, the Court of Small Causes exercises those functions, with the City Civil Court notified as the Rent Tribunal for appeals. Outside the city the Rent Court is a District Munsif Court and the Tribunal the District Court. An ordinary suit for possession against a licensee or trespasser goes to the civil court where the property lies, on the usual pecuniary ladder — Assistant Judge of the City Civil Court to ten lakh, Principal or Additional Judge to one crore, Madras High Court original side above that.

Court pages: Madras High Court · City Civil Court, Chennai · Court of Small Causes, Chennai · Rent Authority and Rent Court

What do people get wrong?#

Commonly believedThey have stopped paying, so the tenancy is over and I can change the locks.

In factNon-payment is a ground to seek eviction, not an automatic end to the tenancy — and taking possession yourself is the worst available move. Under section 6 of the Specific Relief Act the occupier can sue to be put back in without proving any right to the property, and courts grant it. You would then be litigating to undo your own shortcut.

Commonly believedThe agreement says "leave and licence", so the 2017 Act does not apply.

In factThe heading does not decide it. Courts look at the substance — whether exclusive possession was given, what was paid and on what footing, and how the parties actually behaved. A document called a licence that hands over exclusive possession for a monthly sum is very likely a tenancy, and the forum follows the substance.

Commonly believedThe tenancy was never registered with the Rent Authority, so the tenant has no rights.

In factNon-registration does not turn a tenant into a trespasser and it does not permit self-help. What it does is make the terms harder to prove — and since the landlord is usually the one asserting a rate of rent, a term, or a breach, non-registration tends to hurt the landlord more than the tenant.

Commonly believedMy relative was only allowed to stay out of kindness, so removing them is straightforward.

In factIt still requires an order. A permissive occupier is a licensee, and the licence must be properly revoked before a suit for possession. These matters are also very often entangled with an inheritance or partition claim — the relative may assert a share rather than merely a right to stay, and that changes the case entirely.

Where this comes from

Law stated as at 3 August 2026. General information, not advice on your facts.

Reviewed by Advocate Rahman Bar Council of Tamil Nadu & Puducherry · Updated 3 August 2026

Where these matters are heard

This guide applies to matters heard in Chennai. Which court hears yours depends on where the property, the marriage or the FIR is.