Eviction Notice

An Eviction Notice is a formal letter sent by the Landlord to the Tenant communicating the termination of the Tenancy Agreement. This notice is an important legal document as it may be used in a court of law for any future reference.

As per the Indian Rental Laws, the rights of Landlords to evict their Tenants are subject to providing the justified reason(s) for such action.

The Eviction Notice can be sent to the tenant on the occurrence of the following:

• The Tenant has failed to pay the rent: If the Tenant has failed to pay the rent at the specified time. This notice can be used to either ask them to pay the rent within the stipulated period or to vacate the property.
• The Tenant has violated the lease agreement: If the Tenant has violated the Lease terms, e.g., subletting the property or using property other than for the purpose it was rented for.
• Tenant not vacating the property (lease expired): If the Tenant is staying in the property beyond the specified period, this notice can be used to ask them to vacate the property.
• Other reasons: Even if the exact reason for sending this notice is not mentioned, the Landlord can specify the reason for sending this notice.

How to use this agreement?

This notice can only be used in the case of Non-Commercial properties in India.

The Eviction Notice can be used as a warning letter before proceeding with any legal action. It doesn't mean the actual eviction, rather it is the first step to initiate one. As mentioned before, the Landlord fixes a period for the Tenant to vacate the property. If the Tenant doesn't vacate after this period, the Landlord may have to file a petition in the appropriate court of law. In this case, a lawyer's help can be sought.

Once the draft is ready, the Landlord can download the document and sign and affix the date before sending it to the Tenant. If there is more than one Landlord, all the Landlords must sign the notice.

It is always better to keep a copy of the letter with the Landlord for any future reference. It is good practice to send this Eviction Notice through a Registered Post with Acknowledgement Due. These means will help to track the delivery status of the letter and to keep proof that the Tenant was effectively notified.

To avoid any legal action, the Landlord should make sure to give sufficient time to the Tenant to vacate the property. The notice period should be in accordance with the Tenancy Agreement, or such minimum requirement prescribed under the state laws concerned. Otherwise, if the time provided is proved as insufficient in court, the court may act against the Landlord.

The Eviction Notice may initially be served by the Landlord and if no response is received within the specified period (as may be specified in the notice), the notice may be served on the tenant through a practising advocate.

Applicable Law

The rentals laws are subject to the laws of individual states. There is no one Central Act, covering all the aspects of the Rental Laws in India.

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