IndiaThe lease expired but I'm still living there. What is my status?
You become a 'tenant holding over' — your tenancy continues on the same terms, but the landlord can terminate it with notice under the Transfer of Property Act.
What the Law Says
Under Indian property law, when a lease expires but the tenant remains in possession with the landlord’s consent (express or implied), the tenancy continues — but only on a month-to-month basis and subject to termination by either party.
The Transfer of Property Act, 1882 governs this situation. Section 116 specifically addresses what happens when a lease ends but the tenant stays on and the landlord accepts rent or otherwise assents to continued occupation.
This creates a 'tenancy from year to year' or 'month to month', depending on the original lease's rent payment frequency — e.g., if rent was paid monthly, it becomes a month-to-month tenancy.
Importantly, this continuation is not automatic renewal of the original lease. It’s a fresh, periodic tenancy governed by the same terms — except duration — and can be ended by either side with proper notice.
Statutory TextIf a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under-lessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month, according to the purpose for which the property is leased.
— Transfer of Property Act, 1882, s. 116 — Holding over after lease
What Courts Have Said
Indian courts have consistently held that mere continuation of possession post-lease — without fresh agreement — does not create a new fixed-term lease, but triggers Section 116.
Held that acceptance of rent after lease expiry implies assent under Section 116, converting tenancy into a month-to-month one — no oral agreement can override this statutory effect.
Clarified that 'assent' includes silence coupled with acceptance of rent; landlord cannot later claim trespass while accepting payments.
What to Do
Check whether the landlord has accepted rent or otherwise acted in a way that implies consent (e.g., responding to repair requests).
Review your original lease: if rent was paid monthly, your holding-over tenancy is now month-to-month.
Give or expect 30 days’ written notice to terminate — required under Section 116 read with state rent control laws (e.g., Delhi Rent Control Act, if applicable).
Do not assume the old lease terms (like lock-in period or renewal clause) still apply — only non-duration terms survive.
If landlord demands immediate vacating without notice, consult a lawyer — you’re entitled to statutory notice period.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.