Are you a landlord in India grappling with the challenge of evicting a tenant? Look no further! In this comprehensive guide, we’ll explore the ins and outs of legal notices to tenants, formats, and eviction procedures under Indian laws.

A legal notice to tenant to vacate serves as a formal communication between the landlord and tenant, outlining the reasons for eviction and the time frame within which the tenant must vacate the property. This is essential to ensure both parties are aware of their rights and responsibilities, and that the process remains legally compliant.

What are the grounds available to the landlords for sending notice to the tenants to vacate the premises?

-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 neighborhood 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 the written consent of the landlord

-When tenant adds, alters or creates any permanent/temporary construction in the premises without the 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

-If the landlord needs the premises for his own purpose or for the purpose of his family members.

-A genuine need for 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.

What is the Notice to Tenant under Section 106?

Section 106 of the Transfer of Property Act, 1882, provides guidelines for terminating a lease. It states that a lease can be terminated by either party by serving a written notice at least 15 days before the end of the month for monthly tenancies, or six months before the end of the year for yearly tenancies.

How Many Days’ Notice Period is Required?

The notice period depends on the terms of the lease agreement and the applicable laws. Generally, a 15-day notice is required for monthly tenancies and a six-month notice for yearly tenancies.

Steps involved in filing a case for Eviction against the Tenant:

1. Documents and Questionnaire: Once you send in a request, a checklist of documents and a questionnaire will be provided to record your details.

2. Document Verification: You will be required to send clear scanned copies of documents pertaining to the property for verification by a lawyer.

3. Petition Drafting: The petition will be drafted and shared with you for review and approval within 7 days of receiving the documents.

4. Signed Draft: You are required to print the draft on legal size paper, sign and send it to us via courier/ post.

5. Filing of Case: The case will be filed before the relevant civil court within 3 days of receiving the signed petition

6. First Hearing: The lawyer will present preliminary arguments before the court to get the case admitted.

7. Reply: Upon presentation of arguments by the lawyer, the Court will ask the opposite party to file its reply.

8. Hearing and arguments: The court will conduct hearings in the matter and examine the evidence presented before it. We will keep you updated on the status of your case.

9. Judgment: The court will deliver judgment in the matter.

What if a tenant refuses to vacate after receiving a legal notice?

If a tenant refuses to vacate the property after receiving a legal notice, the landlord can initiate eviction proceedings in court. The court will examine the merits of the case and issue a judgment accordingly.

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