Share This Article
There is a phrase that every long-term tenant in India dreads.
Bona fide need.
It is the legal ground on which a landlord can ask you to leave — not because you did anything wrong, not because rent was unpaid, but because the landlord genuinely needs the property back for their own use. To live in it. To run a business from it. For a family member.
The Kerala High Court recently upheld an eviction on exactly these grounds — and added clarity on what courts will and will not accept as genuine need.
The case involved a shop tenant in Kannur whose landlord sought eviction on two grounds: the tenant had defaulted on rent, and the landlord wanted to start their own business in the premises. The Rent Controller initially sided with the tenant. The case went up. Eventually the High Court upheld eviction — giving the tenant six months to vacate.
The ruling clarified something tenants and landlords both need to understand.
A landlord’s need does not have to be urgent or desperate. It has to be real. The court uses the word sincere — a genuine desire, not a pretext to get rid of an inconvenient tenant. The question a court asks is simple: would a reasonable person in the landlord’s position actually need this property for the stated purpose?
If yes, the tenant can be asked to leave. Even if they have been there for years. Even if moving is difficult.
There are protections built into the Kerala Buildings Lease and Rent Control Act. A landlord cannot evict on bona fide need grounds if they already own another suitable property. A shop tenant who depends on that specific location for their livelihood and has no alternative in the area gets more protection. But these are defences the tenant must raise and prove — they do not apply automatically.
The six month notice period in this case is worth noting. Courts frequently grant time to vacate. An eviction order is rarely immediate.
What this means for tenants
If your landlord has told you they need the property back for personal use, the claim may be legally valid — even if you have been a perfect tenant. The law does not protect indefinite occupancy.
What it does protect is the process. Your landlord cannot just tell you to leave. They must file a petition. The case goes before a Rent Controller. You get to present your defence. Only after a court orders eviction are you legally required to go.
Know the difference between a landlord pressure tactic and a legitimate legal process. And if proceedings are filed, get legal advice before responding.
