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How to Send Legal Notice for Termination of Lease?

'Lease Agreement' is an agreement signed between a landlord and a tenant for any premises in case the tenant wants to stay in possession for more than eleven months. Let's discuss what a Legal Notice for Termination of Lease Agreement is in crux, and the essential points to include in a legal notice for termination of lease.
Written by:
Abhishek Thakkar
Published on
12-Sep-19

Lease Agreement mentions some clauses listing the duties of both the signing parties i.e. the tenant and the landlord. 

If one doesn't follow the terms, then the other can send a legal notice for termination of lease. However, if the landlord breaks any clause, then termination of rental agreement letter by tenant follows.

A legal notice lease agreement is usually written on an advocate’s letterhead.

You can check out a sample of legal notice for termination of a lease here. There are certain rules and regulations to follow when handling such matters in India. The format of legal notice for termination of the lease is available here.

Legal Notice for Termination of Lease Agreement in Crux

Legal notice for termination of lease can be sent by any of the signing party of the lease whose rights got infringed due to the acts or omission of the other party of the Lease Agreement. You can even send a notice to terminate a month to month lease as of today.

In any lease agreement, disputes or conflict of interests are very frequent. In case it doesn’t produce any fruitful result, then the way of the Court is always open.   

A lease agreement is of two types depending on its purpose, which is either commercial or residential.

Lease taken for any commercial or business purposes will be treated as a commercial lease. So, if any party’s rights get infringed then a commercial lease termination letter can be sent by the aggrieved party.

The deprived party should appoint an advocate to draft the legal notice lease agreement. Instead of going to the Court for seeking relief, one should send a legal notice first to resolve the disputes. 

What is a Legal Notice for Termination of Lease?

A legal notice for termination of lease is a notification by one party to another party to a Lease Agreement informing them that they have breached the terms of the lease by not performing their part of duty.

In such a scenario, it becomes necessary for one party to serve a legal notice to the other party. Through this, one informs in detail how they have been unable to meet the terms of the Agreement. This is the most primary step in ending a Lease Agreement between parties.

 

Essential Points to include in a Legal Notice for Termination of Lease:

  1. Name, description, and place of residence/office of the Party - The legal notice for termination of lease must contain the correct and proper name, description and address of the party to whom the notice is being sent.

  2. The date of receipt of the notice by the other party - One of the most important purposes of the legal notice for termination of lease is to keep an official record of the date on which the other party was officially made informed that the lease is terminated, along with the reason for termination. The date of communication becomes an important point if the dispute ultimately moves to court.

  3. Mention the clause of Notice described in the Lease Agreement - Almost all the Lease Agreements signed between parties have a notice clause that describes how the legal notice for breach of any terms and conditions of the Agreement is to be conveyed to the breaching party. It consists of the contact information of all parties and the method of communication of the legal notice. If one doesn't follow procedures in the Notice, then it will not be treated as a valid legal notice. 

  4. The Reason of sending such Notice must be delineated in detail - The legal notice for termination of lease should specifically point out the proper clause of the Lease Agreement which has been violated or breached by the breaching party. The breach committed can be of the following nature:

    • When the breaching party fails to perform their duties in accordance with the Lease Agreement.
    • The Breaching Party clearly refuses to perform its obligations under the Lease Agreement in the future.
    • Or when the breaching party makes it impossible for the other party to perform its obligations according to the Lease Agreement.

      Henceforth, it's important to identify the violation of the clauses of the Lease Agreement. This is irrespective of the type or reason of the breach. In case there is a breach of more than one clause, then all breaches need to be included in it.

  5.  Some other points in legal notice for termination of lease that needs to be followed are: 

  • All previous communications regarding the violation of the Lease Agreement.
  • The notice is to be duly signed by the lawyer.
  • The lawyer will retain a copy of the notice.

Style of the Legal Notice for Termination of Lease

  • The legal notice for termination of lease by advocate follows a professional format, where the breaching party is addressed with respect.

  • The tone of the Notice will be crisp and clear.

  • Avoid any type of ambiguity in the language.

  • The notice can be sent either in English or in any regional language understood by both the parties.

Reply of Legal Notice for Termination of Lease

If the breaching party receives a legal notice for termination of lease from the injured party, they must clear their stand by replying the said legal Notice. They must either admit their breach and rectify it or deny it and refuse to take any action in that points and continue the lease as it is.

If the breaching party deny the breach of Lease Agreement and refuse to take any action, then the injured party can directly sue before the Court under specific performance of a contract and claim for damages, as the Lease Agreement is governed by the Contract Laws in India.

When can you send a Legal Notice relating to a Rental Agreement?

  • Lease Agreement means when a landlord & tenant enter into an agreement for 12 months or more.

  • If the tenant infringes any terms and conditions of the Lease Agreement, then notice of lease termination letter from landlord to tenant can be sent.

  • If there is a clause in the Lease Agreement that the tenant can terminate the Lease Agreement by giving prior written Notice, then letter of termination of tenancy agreement by tenant can be sent to the landlord for termination of the Lease Agreement.

  • If the tenant refuses to pay the agreed lease rent or pay lesser than the agreed amount then the landlord can send a legal Notice through an Advocate against which the tenant can send a reply of advocate for legal notice not paying lease rent.

How can an Advocate help the aggrieved party in sending a Legal Notice for Lease Agreement?

The advocate will help you in drafting a proper legal notice for lease Agreement stating all the necessary clauses. The advocate fees for legal notice for lease Agreement in India vary from advocate to advocate.  

For the purpose of writing and drafting legal notice for paying lease rent as well as a reply of legal notice not paying lease rent, an experienced advocate should be consulted. Such legal notice for lease agreement is available in pdf format here.

How much notice do you need to give a tenant when selling?

If you're on a month-to-month lease, in most states, landlords are required to give a 30-day written notice to vacate if they decide to sell.

How do I give a tenant notice?

A tenant must give at least 21 days' written notice to end the tenancy, unless the landlord agrees to a shorter time. This agreement should be in writing. A landlord must give at least 90 days' written notice to end the tenancy.

How much time does a landlord have to give a tenant to move out if it's a month-to-month lease?

If a tenant has a month-to-month lease or rental agreement and the landlord wants the tenant to move out, he must give the tenant a notice of 30 days notice if the tenant is occupying for a year or having a lease of at least one year

Can landlord break the lease to sell property?

Yes, a landlord can sell his property, even with you living under a lease. However, the lease doesn't go away. So you have a right to the same terms and conditions as you had with the previous landlord, as well as the right to get your deposit back at the end of the lease.

What notice must a landlord give?

Less than 6 months - 28 days 6 months or longer but less than 1 year - 90 days 1 year or longer but less than 3 years - 120 days 3 years or longer but less than 7 years - 180 days

What is a termination of tenancy letter?

A Termination of Tenancy Letter is used by a Tenant to let their Landlord know that they plan to move out of their rental property prior to the original end date of the Lease.

Where to find one?

 MyAdvo, you get access to finding many good lawyers, who are expert in sending a legal notice. All you have to do is just select one that matches your criteria.

MyAdvo acts like a  legal concierge, providing you with a directory of lawyers near you, who have attained great expertise in their respective legal domains.

 

Reviewed by: Antim Amlan
Associate - Legal, MyAdvo Techserve Pvt. Ltd.

Antim Amlan is the in-house corporate counsel for MyAdvo and has been associated since the inception of the legal team.

Antim is a graduate from National Law University Odisha and has the expertise of consulting several corporates on litigation strategies, due diligence projects, regulatory compliance & licensing. He also advises corporates on structuring of the work processes based on subject matter and curating suitable legal solutions that benefit the corporate clients. He is an avid blogger and has interest in Corporate, Banking and Finance laws.

LinkedIn: https://www.linkedin.com/in/antimamlan

Email: antim@myadvo.in