How To Send A Notice To Vacate Rented Property In India?

Published on 22 Mar 2020 by Shivi

One of the most common property disputes is found to be the dispute between a tenant and landlord over the rented property. Every year, thousands of eviction and rent-related matters are filed with the Indian courts, however, most people are unaware that the dispute between landlord-tenant can be resolved with merely a legal notice. This guide talks about how to send a notice to vacate the rented property in India and resolve a landlord-tenant dispute without going to a court.

What Is A Notice To Vacate?

A notice to vacate is a legal document that gives a written warning to the tenant about the intent of the landlord to get the rental premises vacated by the tenant on a specific date. A notice to vacate can also be given by the tenant to the landlord, stating in writing the tenant’s wish to vacate the rental property by a certain date, in accordance with the rental agreement in India. The notice to vacate must be drafted by the best property lawyers in India and sent in writing to the landlord or the tenant to ensure legal validity in case of a dispute.

Notice to Vacate By Landlord

The notice to vacate by the landlord to a tenant can be sent when the rent period is over or the tenant is defaulting the terms of the rent agreement. A landlord’s notice to vacate is not the same thing as an eviction notice. Typically, a landlord will send a notice for moving out when:

  1. The tenant’s rent period is ending.

  2. The rent agreement has expired and the tenant still hasn’t left the property.

  3. The tenant has violated some provision of the rent agreement. 

  4. The property has been sold and the new buyer doesn’t want tenants.

  5. The landlord or a member of the landlord’ family is going to live in the property.

The landlord can send the notice to vacate to the tenant by including: 

  1. The reason behind the notice to vacate.

  2. The time period given by the landlord to the tenant to vacate the property.

  3. The action that would be taken in case the notice is ignored.

Every notice to end a tenancy must:

  1. Bein writing.

  2. Mention the address of the tenancy.

  3. Mention the date when the tenancy is to end 

  4. Be signed by the landlord giving the notice.

A notice to vacate must give at least 30 days notice period to the tenant to vacate the rental property and may range up to 120 days. The landlord notice to vacate provides the tenant with sufficient time to search for a new home and take out their possessions from the property.

In case of a legal dispute in future, the notice to vacate can be presented during the proceedings by the landlord as a proof of action taken by them. 

Precautions To Be Taken Before Sending Notice To Vacate

  1. Read the Rent Agreement: If a rent agreement was executed, then it is important to adhere to the process mentioned in the agreement to get the tenant to vacate the property. It is important as to not violate the rent agreement provisions and proceed legally as per the terms of the agreement.

  2. Keep a record: Make a copy of the lease termination letter and keep it for your records. The notice to vacate can be used as a proof in case of a landlord-tenant legal dispute in future.

  3. Pay the fine: If any terms of the rent agreement are broken, then the landlord must return the security deposit and pay any fines, if mentioned in the rent agreement, to the tenant.

  4. Hire a property lawyer:  It is critical to hire the best property advocates in India to get the notice to vacate drafted and proceed further with any form of legal action, as the lawyer would ensure that all the legal provisions, facts and evidence are included in the legal notice and there is no need to proceed with the legal matter.

Legistify can connect you with top property lawyers in India for drafting and sending a notice to vacate a rented property in India. Call us at 8468833013 or send us an email at [email protected]

Top Legal Queries

Get answers from the best experts within minutes!

Most Consulted Advocates

Choose from our most consulted lawyers across India and get instant legal advice.

Top Consulted Advocates

Choose from our most consulted lawyers across India and get instant legal advice.

© Legistify Services Pvt. Ltd.