A Canada-based landlord can evict a tenant in India through the rent controller or civil court. In Punjab and Chandigarh, the rent law gives NRI landlords a special right to recover premises they need for their own use, with a faster procedure. You authorise an attorney holder through an apostilled power of attorney, and we run the case while you follow it from Canada.
- Document route
- Notary or lawyer, then apostille from Global Affairs Canada or the provincial authority
- Time difference
- IST is 9h30 (Ontario, summer) to 13h30 (British Columbia, 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 Canada: how it works
We check the rent agreement, whether it was registered and the payment record. A legal notice terminating the tenancy and demanding arrears goes first. In Punjab and Chandigarh, section 13-B of the East Punjab Urban Rent Restriction Act allows an NRI owner to seek eviction for own use, once, after a set period of ownership, by a summary procedure. Its conditions are specific and courts read them strictly, so we confirm eligibility before relying on it. Elsewhere, grounds such as default, subletting or misuse apply under the local law.
The petition is filed in the rent court with ownership and tenancy evidence. Tenants are commonly directed to deposit arrears and continue paying rent into court. Where the tenant contests, evidence is led, with your testimony by affidavit and, where allowed, by video. After the eviction order, execution puts you back in possession. We also help with a properly drafted and registered agreement for future tenants.
What clients in Canada should know
- Section 13-B relief in Punjab and Chandigarh is generally available only once, so we advise on timing carefully.
- Rent paid to a non-resident landlord is subject to tax deduction at source by the tenant; non-deduction can create problems for you and the tenant.
- Rental income from India must be declared to the CRA, with credit for Indian tax paid under the India-Canada treaty.
Step by step from Canada
Video consultation
A call at a time that suits Canada, after we have read your documents.
Documents signed in Canada
Notary or lawyer, then apostille from Global Affairs Canada or the provincial authority
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 Canada where needed.
The full guide
This page covers what changes when you are in Canada. 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 Canada and the NRI Property Law practice area.
Questions from clients in Canada
Can I use the NRI eviction provision in Punjab?
If you meet its conditions on ownership and NRI status and need the property for your own use, yes. We check eligibility first.
Can my father in India file the case?
Yes, as your attorney holder, though you may need to file your own affidavit on your need for the property.
What if the tenant damages the house?
Damage is a ground for eviction and you can claim compensation in the same or a separate proceeding.