Sections 112-113 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
A landlord who has ended a lease, or is about to, can undo his own step by what he does next. Section 112 says how a forfeiture is waived, and section 113 says how a notice to quit is waived. Both turn on conduct showing an intention to treat the lease as continuing. This is explained as per the text of the Act consulted.
A forfeiture under section 111(g) is waived by accepting rent due since the forfeiture, by distress for such rent, or by any other act showing an intention to treat the lease as subsisting, but only if the lessor knew the forfeiture had been incurred; rent accepted after a suit to eject on that ground is not a waiver. A notice to quit under section 111(h) is waived, with the express or implied consent of the person to whom it is given, by any act of the person giving it showing an intention to treat the lease as subsisting.
Source note
The text consulted is a publisher's print of the Act showing amendments up to the Transfer of Property (Amendment) Act, 2002 (3 of 2003); later amendments should be checked. These two sections come right after the modes of determination in our article on section 111, to which they refer by clause: section 112 to clause (g), section 113 to clause (h). The notice rules where no term is stated are in our article on section 106.
If a dispute has arisen over whether a lease continues after a notice or forfeiture, our legal dispute resolution service can help assess the position.
Section 112: waiver of forfeiture
The rule
A forfeiture under section 111, clause (g), is waived by:
- acceptance of rent which has become due since the forfeiture; or
- distress for such rent; or
- any other act on the part of the lessor showing an intention to treat the lease as subsisting.
So the landlord who knows the tenant has breached a re-entry condition cannot take rent for the later period and still claim the lease has ended. The three methods are examples of the same idea: conduct showing the lease is being treated as alive. The text does not list what else counts under the third limb.
The two provisos
| Proviso | What it says |
|---|---|
| First | The waiver arises only if the lessor is aware that the forfeiture has been incurred |
| Second | Where rent is accepted after the institution of a suit to eject the lessee on the ground of forfeiture, such acceptance is not a waiver |
The first proviso means a landlord who takes rent without knowing of the breach has not waived it. The second means that once a suit to eject is on foot, taking rent does not undo it.
Section 113: waiver of notice to quit
A notice given under section 111, clause (h), is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the person giving it showing an intention to treat the lease as subsisting.
Three elements:
- the notice is one under clause (h), to determine the lease or to quit;
- the person giving it does an act showing an intention to treat the lease as continuing; and
- the person receiving the notice consents, expressly or by implication, to the waiver.
The Act's two illustrations
- (a) A, the lessor, gives B, the lessee, notice to quit. The notice expires. B tenders, and A accepts, rent which has become due in respect of the property since the expiration of the notice. The notice is waived.
- (b) A gives B notice to quit. The notice expires and B remains in possession. A gives B, as lessee, a second notice to quit. The first notice is waived.
Comparing the two sections
| Feature | Section 112 | Section 113 |
|---|---|---|
| Subject | Forfeiture under section 111(g) | Notice to quit under section 111(h) |
| Who acts | The lessor | The person who gave the notice |
| Typical waiving act | Taking rent due since the forfeiture, distress, or other conduct treating the lease as alive | Taking rent after the notice expires, or giving a second notice |
| Knowledge needed | Lessor must know the forfeiture was incurred | Not stated as a condition; consent of the person notified is needed |
| Exception | Rent accepted after a suit to eject is not waiver | None stated |
Worked example
Tanvi leases a godown to Hemant for five years with a condition that if rent is more than a month late she may re-enter. Hemant is two months late in March. Tanvi sends a written notice of forfeiture, but in April she accepts the rent for April from him with full knowledge of the March default. Under section 112 that acceptance of rent which became due since the forfeiture is a waiver. She cannot then say the lease ended for the March default.
Now suppose Tanvi had first filed a suit to eject Hemant for that forfeiture and only then accepted rent. The second proviso says such acceptance after the suit is not a waiver.
In a monthly tenancy, if Tanvi gives a fifteen-day notice to quit, lets it expire and then accepts the next month's rent as usual, section 113 treats the notice as waived, as in illustration (a).
Practical points
- Landlords: once a forfeiture or notice has been given, be careful about taking rent; if you must receive money, record that it is taken without waiving, and take advice. The text does not say that such a record prevents waiver; it speaks of acts showing an intention to treat the lease as subsisting.
- Check what you knew: the first proviso to section 112 depends on the lessor's awareness.
- Suits: the second proviso protects acceptance of rent after a suit to eject is filed on the ground of forfeiture.
- Do not issue a second notice casually: illustration (b) shows it can waive the first.
- Tenants: note the date and nature of every payment accepted after a notice or forfeiture, and keep receipts.
- A separate law on rent control may apply to your tenancy; it is not covered here.
Need help with a lease dispute?
Whether a forfeiture or notice to quit was waived depends on what each side did and when. Our legal dispute resolution team can look at the notices, receipts and correspondence with you.
Key takeaways
- Accepting rent due since the forfeiture, distress for it, or other conduct treating the lease as alive waives a forfeiture.
- The waiver of a forfeiture needs the lessor's awareness that the forfeiture was incurred.
- Rent accepted after a suit to eject for forfeiture is not a waiver.
- A notice to quit is waived by an act of the person giving it showing an intention to treat the lease as subsisting, with the other side's express or implied consent.
- Taking rent after the notice expires, or giving a second notice, waives the first notice, as the illustrations show.
Read next
- Section 111: how a lease comes to an end
- Sections 114 and 114A: relief against forfeiture
- Section 106: duration of lease and notice to quit
- Response to a legal notice: drafting guide
Disclaimer: Based on a publisher's print of the Transfer of Property Act, 1882 showing amendments up to the Transfer of Property (Amendment) Act, 2002 (3 of 2003), as consulted on 2 October 2026. State amendments, later amendments, stamp duty and registration charges are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.