This question comes up more often than people expect, particularly given how many tenancies in Mumbai continue for years based on informal or verbal arrangements without a properly executed written rent agreement, and landlords are often surprised to learn that eviction remains legally possible even in the absence of a formal written agreement, though the process requires careful navigation. The absence of a written rent agreement does not mean there is no tenancy at all — Indian law recognises tenancies created through conduct, oral agreement, and consistent payment and acceptance of rent, all of which establish a valid landlord-tenant relationship even without a signed document.

Where a tenancy exists without a written agreement, it is typically treated as a tenancy at will or a periodic tenancy under the Transfer of Property Act, 1882, and the landlord's right to terminate such a tenancy depends on the notice requirements under Section 106 of that Act, which generally requires fifteen days' notice for a tenancy from month to month, unless a different period can be established through the parties' conduct or applicable local rent control legislation. Once proper notice is served and the notice period expires without the tenant vacating, the landlord can proceed with formal eviction proceedings before the appropriate court.

In Mumbai specifically, the applicable eviction process depends heavily on whether the property is covered by the Maharashtra Rent Control Act, 1999, which provides significant additional protections to tenants of premises let out before specific cutoff dates and continues to apply to certain categories of tenancies, versus properties governed purely by general contract and transfer of property law principles where the rent control protections don't apply. Where rent control protections do apply, eviction is only possible on specific statutory grounds enumerated in the Act — such as default in rent payment, bona fide personal requirement of the landlord, or unauthorised subletting — making the absence of a written agreement largely irrelevant to the landlord's substantive right to evict, which instead depends on establishing one of these statutory grounds.

For tenancies outside rent control protection, the absence of a written agreement actually simplifies the landlord's position somewhat, since general law principles under the Transfer of Property Act apply more straightforwardly, allowing termination through proper notice without needing to establish specific statutory grounds for eviction, though the landlord must still prove the existence and terms of the tenancy through other evidence such as rent receipts, bank transfer records, or witness testimony, since without a written agreement, establishing exactly when the tenancy began and its precise terms requires this alternative documentary support.

Given how the absence of a written rent agreement affects both the applicable legal framework and the evidence needed to proceed with eviction, careful legal assessment of your specific situation is essential before initiating proceedings. Our legal experts at Aapka Legal Advice help landlords navigate eviction where no formal rent agreement exists, ensuring proper notice and evidence are in place. The Top Property Lawyers in Mumbai team has successfully secured eviction orders for landlords across Mumbai even without written rent agreements, supported by a panel of retired judges experienced in tenancy law and criminal lawyers for related disputes. If you're a landlord in Mumbai seeking to evict a tenant without a formal rent agreement in place, understanding whether rent control protections apply to your property is the essential first step in planning your eviction strategy.