A US-based landlord can evict a tenant in India through the rent controller or civil court, depending on the state law and the rent amount. Several states give NRI landlords a faster route when they need the property for their own use. You authorise an attorney holder through an apostilled power of attorney, and the case runs in India while you follow it by video and email.
- Document route
- US notary, then apostille from the state Secretary of State
- Time difference
- IST is 9h30 (US Eastern, summer) to 13h30 (US Pacific, winter) ahead
- Punjab NRI right
- Section 13-B, East Punjab Urban Rent Restriction Act 1949
- Without rent control
- Notice under section 106, Transfer of Property Act
Tenant Eviction from the USA: how it works
We start with the rent agreement, its registration status and the tenant's payment history. Where the agreement is unregistered, it still helps, but proving the terms takes more evidence. A legal notice terminating the tenancy and demanding arrears is sent first. Under the Model Tenancy Act, adopted by some states, and under older rent control laws in others, the grounds for eviction differ: non-payment, subletting, damage, or the landlord's bona fide need. Punjab and Chandigarh's laws include a special provision for NRI landlords who need the property for their own use, which we use where it applies.
In the rent court, we file the eviction petition with evidence of ownership and default, and seek an order for deposit of arrears. Many tenants settle once they are directed to pay rent into court. If the tenant refuses to vacate after the order, execution proceedings follow. While the case is pending, we keep the electricity and water connections in your name where possible, and we prepare a new written agreement template for the next tenant.
What clients in the USA should know
- Always use a written, registered rent agreement and keep rent coming into your NRO account; it creates a clean record for any later eviction case.
- The tenant must deduct tax at source when paying rent to a non-resident landlord, and many do not, which can create tax issues for you in India.
- Rental income from India is reportable on your US return with credit for Indian tax paid.
Step by step from the USA
Video consultation
A call at a time that suits the USA, after we have read your documents.
Documents signed in the USA
US notary, then apostille from the state Secretary of State
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in the USA where needed.
The full guide
This page covers what changes when you are in the USA. For the law, the documents and the step-by-step procedure, read our main page on Tenant Eviction, or see all services for clients in the USA and the NRI Property Law practice area.
Questions from clients in the USA
How long does eviction take?
From a few months for a straightforward default case to a few years if the tenant contests. Special NRI provisions in some states are faster.
Can my brother in India handle the case?
Yes, through a power of attorney you sign in the US. He can give evidence about facts he knows; you may need to file an affidavit on ownership and need.
Is a notarised rent agreement enough?
It is evidence, but agreements for more than eleven months must be registered to be fully effective.