Legal Notice to Vacate Rental Property in India

How to Send Legal Notice to Vacate Rental Property?

Legal Notice to Vacate Rental Property in India

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In India, the Landlord’s sending of an eviction notice to the Tenant qualifies as a formal indication. An opportunity for Tenant to look for new place when the Landlord issues a formal notice to quit the property. A Tenant may be granted a fair amount of time to depart the rental property and find another one when they are given a notice to the Tenant to quit. An official notice to depart the rental home works incredibly nicely.

Any time a renter is a bully, the situation for the Landlord worsens. Such renters refuse to vacate the property, making a nuisance of themselves for the Landlord. One country where these problems are particularly common is India. The Landlord has the power to bring a lawsuit for eviction against the renter if the Tenant forcibly retains possession. However, the Landlord must first give the Tenant notice to leave the property before bringing a lawsuit.

Some Tenants can be a lot of work for the Landlords. One of the core jobs is to get the rented property vacated. Sometimes Tenants do give a hard time to the Landlords by not vacating the property even though the tenure period is over. According to the Rent Control Act, the Landlord shares a lot of benefits simultaneously with Tenants. The Legal action that Landlords can take against the Tenant is by sending an eviction notice. The Landlord can send a Legal Notice to vacate the rental property. A Legal Notice does magic many times because everyone avoids taking turns of the Court. They know that it is a loss of Money and time.  

NOTE: To regulate renting out homes and prevent any type of exploitation on the side of renters or property owners, the Rent Control Act was enacted. Even though our country’s states each have their own Acts, they scarcely differ from one another. It makes sure that neither Landlords or Tenants are abusing the rights of the other in any way. Due to the 1948 act’s strict requirements and advantageous treatment of Tenants as well as Landlords.

The top reasons to send Legal Notice to vacate premises are as follows:

Top Reasons to Send Legal Notice to Vacate Premises
  • Expiration of the Rent Agreement: Even after the Rent Agreements tenure is completed, the Tenants are neither vacating the rented property nor renewing the Agreement because in many cases most Tenants re-new their Rent Agreement and continue living. But if the case is different and the Tenant is not ready to vacate then the Landlord can send a Legal Notice to the Tenant to vacate.
  • Non-Repayment of Rent: The Tenants who share a good bond with Landlords do sometimes shift their Rent payment month due to which it becomes a habit and at the end Tenants do take advantage of it which later becomes a reason for Landlord sending a Legal Notice to Tenant for not paying rent.
  • Violation of Terms in Rent Agreement: If a Tenant neglects to pay rent on time, damages the property, or sublets the property without the Landlord’s consent, the Landlord may send a Legal Notice to the Tenant to vacate.
  • Misbehavior with the Landlord: The Landlord may send a Legal Notice to vacate the rental property if the Tenants actions are disruptive or bothersome to other Tenants or neighbors.
  • IlLegal Activities taking place: The Landlord may ask a Tenant to vacate if they engage in any kind of ilLegal activities on the property, such as drug use or distribution,etc.
  • Renovation/Sale of the Property: The Tenant may be asked to vacate the premises if the Landlord plans to renovate or sell the property but in any case the Tenants are not ready to vacate the property and causing trouble then a Legal Notice to vacate rental property from Landlord can be received by Tenants.

What Documents are Required to send an Eviction Notice?

The Documents are required to send an eviction notice are as follows:

Documents Required to Send Eviction Notice
  • Proof of the ownership of the Rented Property.
  • Significant grounds for eviction, such as your genuine need for the property.

You can send the Legal Notice to vacate house with the help of our Website and for steps they are given below:

  1. Visit our website www.edrafter.in
  2. Then click on the ‘Services And choose ‘Legal Notice’.
  3. After that, register for Legal Notice service. 
  4. Our experienced Advocate will contact you for the details.
  5. Explain the entire case with all facts and figures which will help our Advocate to draft the Legal Notice in a brief manner.
  6. The advocate will mail you your Legal Notice draft for your review.
  7. Get the corrections done if any are needed. We provide unlimited corrections under the draft as Customer’s satisfaction is our top priority.
  8. After that once all the corrections are done, the Advocate will send the Legal Notice to the dispute party through all possible means and will advice you for further course of action.

What if the Tenant doesn’t Vacate the Property after Sending the Notice?

In the Legal Notice everything is already mentioned that what would be the consequences the receiving party would be facing if they don’t go according to the sending parties settlement clauses. Suppose the Landlord sent the Legal Notice to the Tenant to vacate rental property and the Tenant fails to vacate the property then Legal proceedings will be taken against the Tenant.

Frequently Asked Questions

How many Days should be given to the Tenant to Vacate the Property?

Approx 15 days are provided to the Tenants for vacating the rented premises from the day Legal Notice was issued. It can differ according to the sender’s choice also.

Can I Evict the Tenant without a Rental Agreement?

If both parties Tenant and Landlord do not have an agreement the ultimately the Tenant is required to pay every month’s rent accurately plus if the Legal Notice to Tenant to vacate rental property from Landlord has been sent then a Notice period of 15 days is compulsory for the Tenant to serve before vacating.

Author Name

Adrika Mishra – Content Writer

Adrika Mishra is a Content Writer with a passion for writing crisps and well researched pieces. With a graduate degree in Mass Communication and over a year of hands-on experience in writing content for the web. Adrika is a person brimming with creative instincts. Constantly seeking to learn and grow, she uses writing as a medium to document her knowledge on topics she is passionate about. When not working, Adrika can be found grooving to music. Believing in the power of “The pen is mightier than the sword”, Adrika hopes to inspire and educate readers through her writing.