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NOTICE TO VACATE TENANT

WHAT IS NOTICE TO

VACATE TENANT?

The rules and regulations that manage tenancy and rent agreements is the Rent Control Act of 1948 passed by the Government of India. This act was drafted to set out all the formalities between a landlord and a tenant and is a safeguard for both the parties involved. If a tenant is not
paying their rent or is refusing to vacate the premises according to the rent agreement, the landlord can file an eviction suit to vacate the premises. However, before taking any such action, to avoid legal consequences the landlord must give enough notice to the tenant

about their pending eviction.

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WHY IS IT IMPORTANT?

A notice to vacate is a legal intimation that is given to the tenant so that they have enough notice and have reasonable time

to vacate the premises and at the same time they can look for a new place to stay. This notice is sometimes like a final warning

if the tenant fails to vacate the premises and is a necessity before filing an eviction suit.

GROUNDS FOR EVICTION OF TENANT

There are grounds for eviction mentioned in the Rent Control Act such as non-payment of rent, subletting apartment, causing nuisance, using premises for unlawful purposes, causing loss/damage to the property, or even if the landlord genuinely needs the property for themselves. However, there can be other grounds for eviction as well that can be stipulated in the Rent agreement between the two parties.

PROCEDURE

When the landlord wants his rented property to be vacated, he will send a letter or notice to vacate to the tenant. The landlord has the right to ask for his property back from the tenant if they give them reasonable time. Though it is not necessary, notice to the tenant to vacate the property is a proper and acceptable form of communicating the fact that

the landlord wants his premises empty. When the tenant requires the tenant to vacate the premises before the end of

the lease period, the landlord must send a lease termination notice to the tenant about vacating the property.


Such a notice must ideally be drafted by an attorney and must be presented to the tenant at least 45-90 days (unless stipulated otherwise in the rent agreement) before the landlord wants the premises vacated. If it is sent on a lawyer’s letterhead, it will show the tenant that legal action will be taken if the tenant does not vacate the premises.


It is important to provide the notice to vacate in writing to the landlord or the tenant to ensure legal validity, in case of dispute. It must also be signed by the tenant. It is ideal, for matters of evidence that it is sent by post instead of online. The grounds for demanding vacancy must also be mentioned in the notice.


If a tenant fails to vacate, a legal notice for the initiation of eviction process can be sent.

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