Eviction case lawyer fees in Kolkata depend on whether the eviction is fought or settled, and on how far the tenancy dispute goes. Eviction of a tenant is either agreed - the tenant vacates on a notice and a settlement - or contested through a court or tribunal, where the landlord must prove the ground for eviction and the tenant may resist on law and fact. That divides the work into stages, so a fee is best quoted stage by stage after the tenancy documents are seen. The substantive law is the Transfer of Property Act 1882, under which a tenancy is ended by a notice to quit, and the West Bengal Premises Tenancy Act 1997, which governs the grounds, the procedure and the forum for eviction in this state; the matter is handled as eviction suits work.
What the fee depends on
Whether the landlord or the tenant engages the advocate, the shape of the tenancy and the ground relied on decide the cost. A monthly tenancy ended by a valid notice, with arrears and a clear rent history, is a shorter case than a long lease with a disputed rent, a counter-claim for repairs, or an allegation that the notice itself was defective. Where the tenant is a commercial user with a written lease, or where several tenants occupy one premises, the pleadings and evidence grow. Where the tenant vacates on the strength of a notice, the cost is limited to drafting and one or two exchanges.
How advocates charge in Kolkata
- Per hearing. An appearance fee for each date the advocate attends, the usual method for contested eviction litigation.
- Per stage. A sum for the notice and filing, a sum for evidence, a sum for arguments and the order - useful for budgeting a matter that will run for several dates.
- Fixed fee for a defined task. Drafting and serving a notice to quit, or a reply to one, priced as a single job.
- Retainer. A periodic fee for a landlord with a portfolio of tenancies.
- What a first consultation involves. Reading the lease, the rent receipts and the notice, and telling you whether a valid ground and a valid notice exist before any case is filed. FileX publishes its consultation options on its pricing page.
What is not covered by the fee
- Court fees. In West Bengal these are prescribed by the state court-fees law and depend on the nature and value of the relief sought; the amount should be confirmed against the schedule before filing.
- Stamp duty and registration on any lease or instrument that has to be stamped or registered.
- Bailiff's and execution charges where possession has to be delivered through the court's process.
- Service of notice costs - registered post, courier or, where personal service is needed, a process server.
- Photocopying, certified copies of the record and travel.
- Survey or valuer's fees where the extent of the premises is in dispute.
What drives the cost up or down in an eviction matter
- Vacating on notice against fighting the case. Where the tenant leaves on a valid notice, the matter ends without litigation and at a fraction of the cost.
- A valid ground and notice against a doubtful one. A defective notice or a ground that the statute does not recognise means the case is dismissed and the cost wasted, so getting the notice right first matters.
- Whether the tenant contests on law. A tenant who disputes the notice, the rent, or the limitation of the landlord's claim adds issues and hearings in the tenancy dispute.
- Counter-claims. A tenant's claim for repairs, refund of advance or damages turns one suit into two and lengthens the case.
- Number of tenants and premises. Several occupants of one building need separate notices and often separate proceedings.
- Execution. Even a decree in the landlord's favour has to be executed to obtain actual possession, which is a further stage.
Questions to ask before you engage an advocate
- Is the notice to quit I have served valid, or does it need to be re-drafted and re-served?
- Which ground for eviction do the facts support, and is it one the Act recognises?
- Is this fee for a stage, or for each hearing?
- Are the bailiff's and execution charges included, or billed separately?
- If the tenant vacates, does the cost stop at the notice stage?
- What court fees will I have to pay, and how are they worked out?
- How long is a contested eviction likely to run, and at what cost per stage?
Our published fees
Our consultation and appearance fees are listed on our pricing page, so you can see them before you engage us. Those figures cover the firm's professional work only. Court fees, bailiff's charges, stamp duty, postage, copying and travel are separate and go to the court or the service provider, not to the advocate. Eviction is handled as eviction suit work, and if you want your notice or your lease looked at before you act, contact us and we will review it.
Frequently asked questions
Does the landlord always need a notice before eviction?
A tenancy is ordinarily ended by a notice to quit under the Transfer of Property Act 1882 before a suit is filed, and the content and length of the notice matter. Whether a particular tenancy needs one, and in what form, depends on the terms of the lease, so the lease should be read first.
Are court fees included in the lawyer's fee?
No. Court fees, bailiff's and execution charges, stamp duty and postage are separate from the advocate's fee and are paid to the court or the service provider.
What makes an eviction cheaper?
A valid notice based on a ground the Act recognises, and a tenant who vacates on it. If the notice is defective or the ground is not one the statute allows, the case can be dismissed and the cost lost, which is why the notice stage is worth getting right.
Is the fee different for a commercial tenancy?
Often yes. A commercial lease with written terms, a longer period and a disputed rent usually needs more pleadings and evidence than a simple monthly residential tenancy, so the work and the stage-wise cost are higher.
FileX Advocates & Legal Consultants, Kolkata, handles these matters before the Calcutta High Court, the City Civil and Sessions courts and the district courts of West Bengal. Call +91-7439811422 or email filexlegal@gmail.com, or contact us to discuss your matter.