Drafting

Vacate Tenant Notice

Overview

Tenancy is a common phenomenon. The landlord can rent their property to the tenant for extra income. Having extra property or houses also leads to renting out the property by the tenant. In the following article notice regarding vacating the rental property to the tenant has been discussed. After serving the notice for vacating the process of filing a suit for eviction has been also discussed in the article. The grounds on which a landlord can evict the tenant has been discussed elaborately along with the statutory enactments regulating the disputes arising in tenancy. Finally, the grounds on which illegal eviction can be avoided have been discussed.

 

What Is Notice For Vacating By Tenants

A notice for vacating is a legally written document that indicates the intent of the tenant for vacating the rental premise on the mentioned date. The notice can be given to the landlord by the tenant or by the landlord to the tenant for vacating the possession of the rental property.

Grounds On Which Landlord Can Send Notice To Tenant For Vacating The Premises

The reasons for sending a notice to the tenant by the landlord are described in the Premises and Tenancy Acts. Following are some of the grounds for sending an eviction notice to the tenant for vacating the premise by the landlord.
 

  • Non-payment of Rent to the landlord with ill intentions even after the expiry of 15 days.
  • Subletting of property by the tenant without written consent or NOC from the landlord.
  • When a property is used for purposes other than mentioned in the Agreement Clause, such as using the property of the landlord for setting up a commercial business.
  • An omission or act which causes loss of utility or value of the landlord’s property.
  • When written consent is asked for by everyone due to causing a nuisance in the neighborhood.
  • Occupation of a premise by the tenant in another state or region of the country for more than 4 months.
  • Any change made by the tenant in the nature of the property without the consent of the landlord or tenant denying the title of the owner.
  • Modification or alteration or temporary construction made on the landlord’s premises.
  • The landlord needs the property for personal use or the purpose of his family.
  • The landlord requires the property for making necessary repairs. And would let the tenant on the premise of completing the repairs.
  • For the purpose of demolishing the property and construction of another property.

For the above state reason, the landlord must consult a good lawyer for drafting proper legal notice for eviction of the tenant. The landlord has the right of filing the eviction suit against the tenant if such tenant does not vacate the premises within 30 days of the notice.

Statutory Provisions Relating To A Tenant Eviction Notice

  • The disputes between a tenant and the landlord are regulated by the Premises and Tenancy Acts in India. There are provisions of the Acts that vary from one state to another. Another enactment such as the Rent Control Act 1948 also regulates the rights and disputes between the tenant and landlord. The landlord has the right to move forward in putting a complaint against the tenant under the Rent Control Act within the jurisdiction where the property is situated. A complaint can be made by the landlord if the tenant does not vacate the property after sending a vacating notice by the landlord.
  • A suit for eviction can be also filed by the landlord against the tenant. Depending on the value of the property which is in dispute, the suit for eviction can be filed before a Civil Judge Junior Division or Civil Judge Senior Division.
  • The Code of Civil Procedure 1908 also regulates the suit for eviction apart from the Premises and Tenancy Acts. The landlord has the right of registering a complaint at the police station if the behavior of the tenant is bullying in nature or performs illegal activities. For illegal activities, the landlord has the right to file a case before the criminal court under the provisions of the Code of Criminal Procedure.

Procedure For Eviction Of Tenant In India

A rent agreement is a must for filing a suit for eviction against the tenant in India. It becomes a difficult procedure for proving that property is rented if no such agreement has been made. The following process must be followed after grounds for eviction have been established by the landlord.
 

  • Sending Notice for Vacating to the Tenant- The landlord is required to file a notice for eviction in the court within whose jurisdiction the property rented is situated. The notice must specify the reason for eviction along with the date and time within which the tenant is required to vacate the property. A reasonable time must be given to the tenant for vacating the property by the landlord. 
  • Filing suit for eviction – Generally tenants vacate the property after receiving the notice for eviction from court. However, even after receiving the eviction notice if the tenant does not vacate the property or refuses to leave the property, the landlord can file a suit for eviction against the tenant with the help of a lawyer. The suit for eviction of the tenant is required to be filed in the civil court within the jurisdiction of the property.
  • Final Eviction Notice- A final legal notice to evict the tenant is issued by the Court after hearing both the tenant as well as landlord based on their arguments along with the evidence presented. On receiving the final eviction notice the tenant is required to vacate the property.
     

Avoiding Illegal Eviction

A rule concerning the eviction of a tenant has been laid down by the Supreme Court of India stating that a tenant cannot be evicted for a period of 5 years even if rent is paid by him or she duly provided the property is genuinely required by the landlord for making necessary repairs. Certain elements must be taken care of while evicting a tenant such as;
 

  • The landlord must take the help of a good lawyer for drafting the rent agreement properly and including the relevant provisions concerning the use of the property. The agreement must specify provisions concerning terminating the rent agreement, the amount of rent to be paid, etc.
  • The tenant has protection against eviction in case of any future issue where the rent agreement has been made for a period of 11 months by providing a clause for renewal.
  • The landlord must comply with the grounds for evicting the tenant within the jurisdiction of which the property lies. It implies that the statutory provision relating to the grounds of eviction should be justifiable under the rent laws of the State where the property is situated.
  • A tenant cannot be evicted by the landlord in the absence of a notice of eviction from the landlord.
  • No wrongful recourse should be taken by the landlord in evicting the tenant such as not providing basic utilities such as electricity or water.

FAQs On Notice For Vacating By Tenants

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