How Does Tenancy Law Treat Unlawful Possession By Tenants?

Tenancy law protects both landlords and tenants, but if a tenant unlawfully retains possession of a rental property after their lease expires or is terminated, it is considered unlawful possession. Landlords have legal remedies to recover possession through eviction procedures rather than taking direct action.

Legal Steps to Address Unlawful Possession

Issue a Legal Notice – The landlord must send a written eviction notice asking the tenant to vacate within a specified time frame.

Negotiate with the Tenant – If possible, the landlord can attempt to resolve the dispute amicably before taking legal action.

File an Eviction Suit – If the tenant refuses to vacate, the landlord can approach the court for an eviction order.

Court Proceedings and Judgment – The court will hear arguments from both parties and, if the landlord's claim is valid, issue an eviction decree.

Execution of Eviction Order – If the tenant still does not vacate, authorities may be involved to enforce the court’s eviction order.

Legal Actions and Protections

Trespassing Laws – If a tenant remains without legal right, they may be treated as a trespasser, and legal proceedings can be initiated.

Rent Recovery Claims – Landlords may seek compensation for unpaid rent or damages caused by the unlawful possession.

Use of Police Assistance – In extreme cases, law enforcement may be involved in executing eviction orders.

Protection Against Illegal Evictions – Landlords cannot forcibly remove tenants; they must follow legal procedures.

Example

A tenant’s lease agreement expires, but they refuse to vacate despite multiple notices. The landlord files an eviction suit in court. The court rules in favor of the landlord and issues an eviction order. When the tenant still does not leave, the landlord requests law enforcement to execute the eviction, ensuring legal recovery of the property.