Legal Provisions for Tenant Eviction in West Bengal

Version:  July 2, 2025

Protection of Tenant Against Eviction under the West Bengal Premises Tenancy Act, 1997 (Sections 6 and 7):

The West Bengal Premises Tenancy Act, 1997 provides a strong legal framework protecting tenants from arbitrary or unjust eviction. Below is a clear and structured explanation of the statutory protections afforded under Section 6 and Section 7 of the Act:

I. General Protection under Section 6:

Eviction Not Permissible Except Through Civil Suit:

• No tenant can be evicted except by a decree passed by a Civil Judge.
• The landlord must file a suit citing one or more legally valid grounds for eviction.
• Private eviction or eviction through any contractual clause or extrajudicial method is void.

Grounds on Which Landlord May Evict a Tenant:

1. Unauthorised subletting or change of use without written consent.
2. Default in rent: Non-payment for three months within twelve months, or three rental periods in three years (for non-monthly tenants).
3. Building or rebuilding requirement which can’t be done without vacant possession.
4. Personal requirement: Reasonable requirement by landlord or family if no suitable accommodation is available within 10 km.
5. Notice to quit by tenant but failure to vacate.
6. Breach of clauses (m), (o), or (p) of Section 108, Transfer of Property Act, 1882 (e.g., damage, wrongful user).
7. Use for immoral or illegal purposes.
8. Act of waste or negligence causing material damage.
9. Nuisance or annoyance to neighbours.
10. Acquisition or construction of alternative accommodation (residential only).
11. Armed Forces landlord requirement with proper certification.
12. Non-residence for 10 months, keeping the premises under lock and key by tenant or close dependents.

Restrictions on Eviction Suits:

• A new owner (transferee landlord) cannot file a suit on personal requirement or building purpose before 1 year from the date of acquisition.
• The court may allow partial eviction (if only part of premises is needed).
• One month’s prior notice is required before filing eviction suit (except under clause e).
• Moratorium of two years from commencement of the 1997 Act for suits where the 1956 Act applied but the new Act doesn’t.

II. Protection Against Eviction Due to Non-Payment (Section 7):

Opportunity to Pay Arrears:

• If an eviction suit is filed for non-payment of rent, the tenant may avoid eviction by:
  1. Paying or depositing all arrears of rent (as last paid), along with 10% interest,
  2. Within one month from receipt of summons or appearance in court.

Ongoing Payment Requirement:

• After initial deposit, the tenant must continue to pay or deposit rent monthly by 15th of each month.

Dispute Regarding Rent Amount:

• If tenant disputes the rent, they must:
  • Deposit admitted rent,
  • File an application for rent determination,
  • Comply with the court’s order to pay the adjudicated amount within 1 month (extension up to 2 months allowed once only).

Consequences of Non-Compliance:

• Failure to pay/deposit the required rent within time:
  • The court will strike off the tenant’s defence, and
  • Proceed with the eviction hearing without defence on possession.

Protection Available Only Once:

• Relief under Section 7(4) (protection from eviction despite default) can be availed only once.
• If the tenant defaults again for 4 months in 12 months, or 3 successive rental periods (for non-monthly rent), no further relief will be granted.

The Act offers robust protection to tenants, ensuring eviction can only be secured through judicial process on specified grounds, and providing a second chance to defaulting tenants to retain their premises through prompt payment. However, this protection is not unlimited; repeated defaults or wrongful use of the property may lead to legitimate eviction.

Who is ‘tenant’ under West Bengal Premises Tenancy Act 1997?

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