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 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.
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.
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.
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.
A Tenant is an individual who occupies a property owned by a Landlord by paying the rent.
Before sending an Eviction Notice the sender must:
An Eviction Notice can be issued by the landlord or their authorized representative including property managers, or legal agents.
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.
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.
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.
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.
An Eviction Notice must contain:
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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Guides to help you
Eviction Notice - Sample, template - Word & PDF