Eviction Notice

What is an 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 can only be used in the case of residential properties including houses, apartments and villas.

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

• The Tenant has failed to pay the rent: 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.

The eviction notice serves as a warning letter before taking any legal action. It does not indicate immediate eviction but rather serves as the initial step towards initiating the process. The landlord sets a specific time period for the tenant to vacate the property. If the tenant fails to vacate within this period, the landlord may need to file a petition in the appropriate court. In such a situation, seeking the assistance of a lawyer may be necessary.

What is the difference between an Eviction Notice and a Late Rent Notice?

The Landlord use the Late Rent Notice to remind a Tenant that their rent is due and asks them to make payment of rent prior to escalating the matter to eviction or other serious legal action. On other hand, the Eviction Notice is used to terminate the tenancy on certain conditions including non-payment or rent or breach of lease deed.

Is it mandatory to have an Eviction Notice?

Yes, a written eviction notice is required to formally initiate the eviction process. It acts as proof in case of a dispute and supports the legal procedure followed by the landlord.

What does "Landlord" mean?

A Landlord is the owner of the rented property. The Landlord is also known as the Lessor or property owner. The Landlord can be either an individual or an organization.

What does "Tenant" mean?

A Tenant is an individual who occupies a property owned by a Landlord by paying the rent.

What are the prerequisites of an Eviction Notice?

Before sending an Eviction Notice the sender must:

• Review the original lease agreement and check the termination clause including the grounds for termination and method of serving such notice.
• Check the notice period under the original lease agreement such as how many days of notice needs to be served to terminate the lease deed.

Who can issue an Eviction Notice?

An Eviction Notice can be issued by the landlord or their authorized representative including property managers, or legal agents.

What can be the duration of an Eviction Notice?

The duration of the Eviction Notice or notice period varies based on applicable local laws and the notice period under the original lease agreement.

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 insufficient in court, the court may act against the Landlord.

What has to be done once an Eviction Notice is ready?

Once the document is ready, the person sending the notice must sign and affix the date. It is good practice to send this Eviction Notice through a Registered Post with Acknowledgement Due or email. These means will help to track the delivery status of the letter and to keep proof that the Tenant was effectively notified.

It is always better to keep a copy of the letter with the Landlord for any future reference.

What must be done once an Eviction Notice is sent?

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.

What if the tenant refuses to vacate the property after sending the Eviction Notice?

If the tenant refuses to vacate the property, the landlord can file a suit of eviction at the local court where the property is located with the help of a lawyer.

What must an Eviction Notice contain?

An Eviction Notice must contain:

• Partie Information: name and address of both the landlord and tenants.
• Property details: address of the rental property.
• Reason for eviction: detailed reason for eviction.
• Notice period: period in which the tenant shall vacate the property.

Which laws are applicable to an Eviction Notice?

The rental 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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