Depending on who is involved in both parties, the process of issuing a legal notice to the tenant could either run smoothly and legally or create a ruckus. By the law of properties, the owner can ask the tenant to leave the rented premises because the house or the rented-out area is under his ownership. There are several rights of the landlord in India that he can exercise on tenants if they think tenants causing any trouble.
What is an eviction notice?
An eviction notice is the first step in the eviction procedure. It is a formal letter written by the landlord to their tenants asking them to comply with the terms of the lease or to vacate the premises they are renting. If the tenant fails to comply with the terms stated in the lease agreement, then the landlord serves the eviction notice.
If the tenant doesn’t cooperate or resolve the dispute peacefully, the landlord can issue an eviction notice. Along with the tenancy of a temporary term, a fixed term can be challenged and determined in the eviction notice.
Reasons for sending a legal notice to vacate
- Self-use: If you need the property for your requirement or a member of your family.
- Sub–rented property: If a tenant has leased a part or all property to another individual without the landlord's permission or acknowledgment.
- Renovation work: If the landlord plans to build another structure, which will impact the property destruction.
- Non–payment of rent: One can initiate the eviction suit if the tenant amount ( as indicated in the rental agreement ) for more than 15 days after the due date.
- Nuisances: If the neighbor finds the tenant’s activities distasteful, and the land receives complaints against the tenant.
Types of notices
There are two types of notice:
- An eviction notice is also called a Notice to Quit. This notice informs the tenant that they have stipulated time to vacate the premises, or they will be forcibly removed by law enforcement officials. (The amount of time given varies from state and county).
- The second notice is called Pay Rent or Quit Notice. This notice informs the tenants that they should pay their rent within a given stipulated time otherwise they will be asked to move out.
What one should not do while evicting a tenant:
- The landlord must not carry out eviction by using illegal methods.
- A landlord cannot ask a tenant to evict the property without providing an eviction notice.
- The reason for eviction must be justified under the rental laws of the state where the property is situated.
Process of evicting a tenant:
- Send a notice to the tenant to vacate: First and foremost, a landlord should send a legal notice to the tenant, along with stating the reasons for sending the eviction notice and mentioning the end date to vacate the premises. A landlord-tenant lawyer can help you ensure that the notice is legally valid and that the provided timeframe aligns with local regulations. The landlord should give a reasonable period for the tenant to vacate the premises.
- File a suit for eviction: The owner can file a civil suit after 30 days after serving the legal notice if the tenant does not vacate the premises. The eviction lawsuit can be filed in the jurisdiction where the property is located, and it will be referred to as an eviction lawsuit.
- Final notice for eviction: The matter will be brought before the civil court. A lawyer will present the arguments before the court and after hearing the arguments and the evidence, the court will pass the judgment in favor of either party and the final decision has to be followed by the parties.
What Contains an eviction notice include?
The eviction letter must contain all the specific information relating to the name of both parties, the reason for the notice to be served, and the period given to the tenant before any legal measures are taken.
- Details covered under the notice:
- Address of the rented premises,
- Address of the landlord,
- The tenant’s name, (along with other necessary details)
- Date of occupancy,
- Reason for serving the notice,
- Date along with the signature of the landlord in the notice,
- Proof of service. [Tenant's Address] [City, State, Zip Code]
Sample legal notice to a tenant to vacate premises.
[Tenant's Name] [Tenant's Address] [City, State, Zip Code]
Subject: NOTICE TO QUIT AND VACATE THE PREMISES
Dear [Tenant's Name],
This letter serves as an official notice to quit and vacate the premises located at [Address of the rented premises] in accordance with the terms and conditions of the lease agreement dated [Date of the lease agreement].
REASON FOR EVICTION:
According to our records, as of [Current Date], the following issues persist: [Specify the issues with dates if applicable, e.g., unpaid rent for the months of January and February 2023]. Despite our previous attempts to address these concerns through written communication and discussions, there has been no satisfactory resolution.
TERMS OF EVICTION:
You are hereby given a notice period of [Specify the number of days, usually 30 days] from the date of this letter to vacate the premises.
The last day of your tenancy will be [Specify the last date, which should be at least 30 days from the date of the notice].
If you fail to vacate the premises by the specified date, legal proceedings will be initiated to recover possession of the property and seek damages for any financial losses incurred.
Please ensure all outstanding rent payments are settled by the specified vacate date.
The premises should be returned in the same condition as per the terms of the lease agreement, excluding reasonable wear and tear.
DETAILS COVERED UNDER THE NOTICE:
Address of the rented premises: [Specify the complete address of the rented property]
Address of the landlord: [Specify the complete address of the landlord]
Tenant’s name: [Tenant's Full Name]
Other necessary details: [Include any other relevant tenant details as per your lease agreement]
Date of occupancy: [Specify the date when the tenant first occupied the premises]
Reason for serving the notice: [Clearly state the reason for serving the eviction notice]
Date along with the signature of the landlord in the notice: [Specify the date and leave space for your signature]
This notice is issued in good faith to allow you the necessary time to make alternate living arrangements. Failure to comply with the terms of this notice will result in legal action, and all associated costs will be your responsibility.
Please treat this matter with the urgency it deserves. If you have any questions or concerns, you may contact me at [Your Phone Number] or [Your Email Address].
[Your Name] [Your Signature]
Proper Methods of Serving a Legal Notice
Sending a legal notice via registered post is a commonly accepted and legally recognized method in India. This ensures that the notice reaches the tenant officially and provides a level of formality to the process. When using registered post, it's crucial to keep the postal receipt as proof that the notice was sent.
When landlords get pissed at their tenants for not following the rental agreement. Thus, the owner asked the tenant to vacate the premises and restore his property. Issuing a legal notice to a tenant for eviction requires careful adherence to legal protocols. From specifying the reasons for eviction to providing a clear timeframe
When the disputes between the landlord and the tenant is not solved peacefully or if the tenant refuses to do so then the landlord has to file an eviction notice for further process.