By Arosh John | Real Estate Consultant | Founder – John Real Estate | Thane Market Specialist
Introduction
In Thane and across the MMR, I’ve seen that most landlord–tenant disputes can be avoided if things are done properly from the start. Issues usually arise when agreements are kept casual, terms are not clear, or communication breaks down.
In this blog, I’ll share how landlords can avoid disputes, what role brokers and consultants like us really play, and what legal remedies are available if a tenant refuses to vacate.
Part A — How to Avoid Tenant Disputes
1) Always Register the Agreement
Never hand over your flat without a registered Leave & Licence Agreement. In Maharashtra, registration is compulsory and protects you if problems arise. The State’s online e-registration (Leave & Licence 2.0) has made the process simple and paperless.
2) Verify Tenant Details
Take proper KYC and employment details, and file tenant information with the Mumbai or Thane Police portals. This is a safeguard that helps if disputes come up later.
3) Keep Communication Clear
Most disputes happen due to misunderstandings. Always put terms in writing and keep proper records of discussions and payments. Even WhatsApp messages with acknowledgment can help if things escalate.
4) Protect Against “Illegal Occupation”
Make sure the agreement clearly states that the flat is given on a Leave & Licence basis and has a fixed end date. This prevents tenants from claiming permanent tenancy rights. Always accept rent by bank transfer, cheque, or give proper receipts.
Part B — Role of Brokers & Real Estate Consultants
- Documentation & Registration: Ensuring agreements are drafted, stamped, and registered correctly so both parties are secure.
- Neutral Communication: Helping landlords and tenants understand all terms clearly to avoid confusion.
- Dispute Assistance: As consultants, we can only help both sides sit together, explain the terms, and suggest solutions. But let’s be clear — we have no legal rights to evict a tenant. Other than mediation or encouraging an amicable settlement, we cannot do anything outside the legal route.
- Legal Support: Assisting landlords with preparing notices, gathering documents, and working alongside advocates when cases have to be taken to court or the Competent Authority.
⚠️ Important: Owners must never attempt forceful entry, change locks, or cut electricity/water to push a tenant out. These are criminal offences and can go against you legally.
Part C — If the Tenant Does Not Vacate
1) First, Try to Resolve Amicably
Often tenants overstay because of practical issues like delay in finding another house or financial problems. In such cases, it’s always better to settle with a written timeline rather than rushing to court.
2) If Refusal is Deliberate, Use the Correct Legal Forum
Maharashtra provides two main legal routes:
- Fast-Track: Competent Authority
The Competent Authority is a government officer (generally a Deputy Collector or Additional Collector) appointed under the Maharashtra Rent Control Act. They handle matters like expiry of Leave & Licence agreements and some specific tenant disputes.- In Thane, you can approach the Competent Authority through the Collector’s Office.
- In Mumbai, it works under the Suburban Collector’s Office.
This route is quicker than regular courts, and their orders are binding and enforceable.
- Regular Suits: Civil Courts
- In Mumbai, landlord–tenant cases are filed in the Court of Small Causes.
- In Thane and other areas without a Small Causes Court, these cases are filed before the Civil Judge (Junior or Senior Division) depending on the matter.
3) Police Role
Police cannot remove a tenant in a civil dispute. They can only act if there is criminal activity (fraud, threats, or illegal acts) or assist in implementing a lawful court/authority eviction order.
Part D — Other Common Issues
- Rent Default: Serve a legal notice. If unpaid, file for recovery and eviction in the appropriate court or authority.
- Property Damage or Nuisance: Document everything with photos or videos. Deduct from the deposit or file a case if damage is major. If criminal behaviour is involved, file a police complaint.
- Utilities: Never cut water, electricity, or other essentials to push a tenant out. This is illegal and punishable under law.
- Arbitration/Mediation: Smaller disputes like money claims can sometimes be resolved this way, but eviction always requires legal process.
Key Takeaways
- Always register your agreement – it’s mandatory.
- Complete police tenant verification.
- Keep all communication and payments documented.
- Never use force – it’s a criminal offence.
- Use the Competent Authority or Courts depending on the situation.
- Brokers/consultants can guide and mediate but cannot evict tenants.
About the Author
Arosh John is a Thane-based Real Estate Consultant and Founder of John Real Estate. With over 10 years of experience in premium homes, resale, NRI transactions, and landlord advisory, he has built a reputation for professionalism and trust. Through Thane Real Estate News, he shares fact-checked insights, project reviews, and practical guides to help landlords, buyers, and investors make informed property decisions.
Legal Disclaimer
This blog is for general informational purposes only and reflects the law and practices in Maharashtra as of September 2025. It should not be treated as legal advice and does not create any consultant–client or attorney–client relationship. For specific disputes, landlords are advised to consult a qualified legal professional. Laws and procedures may change over time, and their application can vary based on individual cases.
Coming Up Next
One of the most common issues I come across is when a landlord wants a tenant to vacate during the lock-in period. This often leads to confusion, arguments, and sometimes even legal cases. In my next blog, I’ll share how to handle this situation and how landlords in Thane–MMR can avoid disputes when asking tenants to vacate during the lock-in period.
