How to Send Legal Notice to Vacate Premises by Tenant?
India is a country where owning extra houses and earning rental income from those houses is considered a good source of passive income. However, if proper steps are not taken then this easy source of income can turn into a serious problem. Especially when one has to deal with tenants who can in most cases become an issue of major stress. We have compiled a video for helping you tackle with it, read further to see the video.
By Abhishek Thakkar in Property Law
Dec. 27, 2018, 7:49 p.m.
- 638 Views
Why send notice to vacate premises by tenant in India?
Well, a legal notice to vacate premises by tenant from landlord is assumed as an opportunity for the tenant to find a new place. Notice to tenant to vacate is a situation where a tenant is given a reasonable time to leave the rented place and find a new one.
Legal notice for eviction of tenant in India can be sent by a landlord who is illegally getting harassed by the tenants.
For this, the landlord should appoint an advocate for drafting a notice to vacate premises by tenant.
When does this happen?
Sending an eviction notice to tenant by landlord in India by the landlord is a formal intimation. In order to vacate the rented property, a legal notice works really well.
In any tenancy, the situation gets worse for a landlord when the tenant is a bully. Such tenants do not want to leave the premises and create an uncalled nuisance for the landlord. However, India is such a place where such issues are quite prevalent these days.
He/she forcefully stay in possession, inviting the landlord to exercise the right to file a suit for eviction. against the tenant but before that he should send notice to tenant to vacate the premises.
You can also check out the various sample of legal notice to vacate tenant. India follows certain rules and regulations when it comes to handling such legal matters. Template of such eviction notice to tenant by landlord is available online.
When this kind of situation arises the landlord should consult a good advocate and send a properly drafted notice letter to tenant to move out written in a specific format.
Consult: Top Property Lawyers in India
Table of Contents:
What problems do the Landlords face in India?
People living in a flat provided by their employer, often rent it in the hope of some extra income. However sometimes it gets difficult to dispossess the tenant from the property even after sending flat vacating notice to tenant.
In this scenario, the landlord should not get worried too much. He/She can always consult a good advocate for evicting the tenant after fulfilling all the requirements of notice. This is where tenant eviction notice becomes of prime importance.
Although sometimes people are afraid to consult an advocate due to huge and expensive consultation fees. But, it's best to keep your hesitations at bay in such cases. One should take the help of police or court, to avoid further complications and problems.
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There is a specific format for notice from landlord to tenant to vacate property to be followed while sending.
How the landlord should deal with the tenant?
When the landlord wants his rented property to be vacated he will send a letter or notice to vacate to tenant. The landlord has the right to ask for his property back from the tenant after giving a reasonable time.
Though it is not mandatory, notice to tenant to vacate the property is a proper and acceptable form of communicating the fact that the landlord wants to remove the tenant from his premises.
An eviction notice to tenantby landlord is also a form of evidence in the Court of Law to prove that the tenant was given reasonable time to make the necessary arrangements to move out.
Sometimes there are situations where landlords give the premise on lease for a certain time. But sometimes, the tenant needs to vacate it before the end of the lease period. In such situations, the landlord sends a lease termination notice to tenant about vacating the property.
The quit notice letter from landlord to tenant should be on a lawyer’s letterhead to show that the landlord is interested in initiating a legal suit if the tenant does not leave the premises.
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What are the grounds available to the landlords for sending notice to the tenants to vacate the premises?
Although Premises and Tenancy Acts differ from state to state, yet it describes reasons for sending a notice by landlord. Tenant eviction notice can be sent in the following cases:
If the tenant with malafied intention is not paying the rent to the landlord even after expiry of fifteen days.
The tenant is subletting the property without the written consent or no-objection of the owner of the property.
If the tenant uses the property for a different purpose than the Agreement clauses. e.g. Using a Residential property for a Commercial Purpose.
Doing any act or omission by the tenant that results in loss of utility or value of the tenanted property.
Using the property in any purpose or business which is illegal and immoral under the law of the land.
Creating nuisance in the neighbourhood in such a way that everyone asks a written consent against the tenant.
Occupy any other premises for more than four months in a different state or region of the country.
If the tenant denies the title of the owner or changes the nature of the property without written consent of the landlord.
When tenant adds, alters or creates any permanent/temporary construction in the premises without written consent of the landlord.
If the tenant increases the rent of the sublet without the written consent of the landlord. Even though the tenant had a written consent of the landlord for subletting.
Apart from the above-mentioned grounds, the law has given the landlord a few other rights for the eviction. The landlord can also evict the tenant for the below-mentioned bona-fide reasons:
The landlord needs the premises for his own purpose or for the purpose of his family members.
A genuine need of the property for performing necessary repairs requires empty premises. But after completion, the tenant will have the right to enter premises.
If one needs to demolish the premises for the construction of another building.
In any of the above-mentioned situation, the landlord should consult a Good advocate and properly draft a legal notice of eviction from landlord to tenant. Even if the tenant won’t leave after 30 day notice, then the landlord has the liberty to file an eviction suit against the tenant before the court of law.
One needs to remember that even there are tenant rights to reply to the tenant notice to landlord.
Concerned Statutes and Courts to deal with tenant eviction notice
In India, the Premises and Tenancy Acts regulates the disputes between a tenant and a landlord. This act differs from state to state. Apart from this, there are several other Acts available in India like the Rent Control Act 1948 (pdf).
After sending tenant notice to end tenancy by the landlord if it doesn’t produce any result then the landlord can put forward a complaint before the Rent Controller under whose jurisdiction the property is located.
Another legal Remedy available to the landlord is filing an eviction suit against the landlord. This one can file either before a Civil Judge Junior Division or before a Civil Judge Senior Division. It depends on the value of the property in dispute.
Along with the Premises and Tenancy Acts, the Code of Civil Procedure 1908 also guides the eviction suit.
If the tenant is acting like a bully and does something illegal, the landlord has the right to lodge a complaint in the concerned Police Station. Also, file a case before the Criminal Court under the Provision of Code of Criminal Procedure and Indian Penal Code.
How can an advocate help the landlord in sending a legal notice?
The advocate will help you in drafting a proper legal notice to tenant stating the reasons for evicting him. The advocate fees for legal notice for eviction of tenant in India vary from advocates to advocates. The tenant vacate notice should be in proper format and well written.
The advocate should be experienced in writing and drafting quit notice letter for tenant and handling such landlord-tenancy matters. Such legal notice for a tenant to leave is available in pdf format online.