An owner working in Kuwait can evict a tenant in India through a termination notice and a petition filed by an attorney holder, on a ground recognised by the rent law of the state: unpaid rent, subletting, misuse or the owner's own need. Arrears of rent for up to three years can be claimed in the same proceedings.
- Document route
- Embassy of India, Kuwait
- Time difference
- 2.5 hours behind IST
- Handled in India at
- Rent authority or civil court
- Travel to India
- Rarely
How it works from Kuwait
We first determine which law governs the tenancy, the state Rent Control Act or the general law of leases, because the forum and the grounds differ. A notice ends the tenancy and demands arrears. If the tenant stays, the petition goes to the Rent Controller or civil court, with an application that rent be deposited in court every month while the case is pending.
Owners planning to return home for good should start a year ahead, since their own requirement of the house is a strong ground but still takes months to enforce. After the order, possession is taken through the court bailiff and handed to your representative. We then put any new tenancy on a written, short-term lease with rent payable by bank transfer.
What is different for NRIs in Kuwait
- Always have a written, stamped agreement.
- Take rent only by bank transfer to your NRO account.
- Cutting water or power, or locking the tenant out, is an offence.
Step by step from Kuwait
Free review call
Calls are held in Kuwait office hours, two and a half hours behind India. We read your papers on a tenancy or eviction matter first, so the call is about your options and not a repeat of the facts.
Authority from Kuwait
Where a representative must act for you in India on a tenancy or eviction matter, you sign before the consular officer at the Embassy of India in Kuwait City or its outsourced centre. We draft the document and send signing instructions.
Work in India
In India, we terminate the tenancy by notice and file for eviction and arrears before the rent authority or court that has jurisdiction. Updates for clients in Kuwait go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive the eviction order and vacant possession is handed to your representative. Originals are couriered to your address in Kuwait if you need them.
The law in full
This page covers what changes when you handle a tenancy or eviction matter from Kuwait. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Landlord-Tenant & Eviction. For other matters, see all legal services for NRIs in Kuwait or the Property & Real Estate practice area.
Questions from NRIs in Kuwait
Can I evict my tenant in India without leaving Kuwait?
Yes. Notice, petition and evidence are handled by your attorney holder and advocate.
How much notice must the tenant be given?
Fifteen days for a monthly tenancy unless the lease provides otherwise.
Can I recover unpaid rent?
Yes, arrears for up to three years before filing, plus charges for occupation after termination.