If you’re a landlord and you need your tenant to leave the property, the first thing you should do is serve them with a formal notice. A formal notification informing the tenant of your intention to quit the property voluntarily and providing a fair amount of time to do so is known as a legal notice.
Legal notices to vacate premises are sent in accordance with the legislation in India, and their validity depends on following the right process. In this article, we will guide you through the steps of sending a legal notice to a tenant in simple language.
Notice for Eviction of Tenant
A notice is sent for legal reasons because it creates a formal record of the date and hour it was sent to the tenant and determines whether or not the tenant has been given enough time to respond before the landowner and the law decide to evict them forcibly or with penalties.
What are the grounds available to the landlords for sending notice to the tenants to vacate the premises?
Premises and Tenancy Acts vary from state to state, but they all outline the grounds on which the landlord may serve a notice. In the following situations, a tenant eviction notice may be issued:
- If the renter intentionally fails to pay the landlord’s rent even after fifteen days have passed
- The renter is subleasing the property without the owner’s express agreement or opposition, for instance.
- if the tenant utilises the space for purposes other than those specified in the agreement. For example, using a residential house for business purposes
- any action or inaction on the part of the tenant that lowers the value or utility of the rented property
- Using the property for any activity or venture that the state’s laws deem immoral and unlawful
- causing enough disturbance in the neighbourhood for everyone to get a formal consent to take legal action against the renter
- Take up residence in any other location in a different state or area of the nation for a period longer than four months.
- If the renter alters the property’s characteristics without the landlord’s written approval or disputes the owner’s title
In each of the aforementioned circumstances, the landlord ought to speak with a reputable attorney and appropriately prepare an eviction notice for the renter. The landlord is free to bring an eviction lawsuit against the tenant in a court of law if the renter refuses to vacate after the 30-day notice.
It is important to keep in mind that renters have the ability to respond to the landlord’s “tenant notice” by exercising certain additional rights.
Drafting the Legal Notice:
The legal notice, which explains the reasons for the eviction and gives the tenant a fair amount of time to leave the property, needs to be written briefly and clearly. The following information ought to be included:
Date: Mention the date on which the notice is being issued.
Information about the Tenant: Provide the tenant’s complete name and address.
Details about the Landlord: Give your complete name, address, and phone number.
Reason for Eviction: Clearly state the legal grounds for eviction, such as non-payment of rent, breach of agreement, etc.
Notice Period: Specify the duration within which the tenant needs to vacate the premises.
Consequences: Mention the consequences of non-compliance, such as legal action that may be taken against the tenant.
Sign and Stamp: If local laws demand it, the landlord or a designated agent should sign and stamp the notification.
Conclusion
Evacuation may also mean a very uncomfortable reality for those who are asked to leave, as solicitors around the nation worry about how unpleasant renting out houses can become if laws and regulations are laxed or if power is concentrated in the hands of those who want to abuse it.
Therefore, the notice period ought to be long enough for someone to find another home to live before leaving the current one. If the cause for the evacuation is something other than reckless behaviour, unpaid rent, or similar, notifying the renter in advance of the need to leave is another workable option.
We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services related to law matters in India, please do not hesitate to contact us. We are here to provide you with expert legal counsel and representation tailored to your specific needs and concerns.
Written by: Avichal Singhal Adv.