NOTICE TO VACATE PREMISES - FOR TENANTS

(On the letterhead of the advocate)NOTICE OF EJECTMENT THROUGH ADVOCATE(SECTION 106 OF THE TRANSFER OF PROPERTY ACT, 1882) REGD A/D / U.P.C.Dated……… To …………………….. Address Sub: NOTICE UNDER SECTION 106 OF THE TRANSFER OF PROPERTY ACT, 1882 FOR EJECTMENT  Dear Sir,  Under the instructions from and on behalf of my client Sh. ……S/O……R/O….(hereinafter referred to as “my client”), I serve you with the following notice :  1. That the house bearing no…….situated at…..in……city is owned by my client. That you approached my client and requested my client to give the said property on lease to you. 2. That my client has inducted you as the tenant in respect of the said property. That the agreed monthly rent for the said property is Rs……..per month. 3. I hereby give you notice that you are to quit and vacate the said property of which you are now in possession of as a monthly (or yearly) tenant under my said client immediately on the expiry of the last day of……………………………..2019. 4. On and from the 1st of…..(month next following the last day of the month on which the tenant is required to quit) the tenancy hereto shall terminate and all relationship of landlord and tenant between my client and you shall absolutely cease. 5. You are requested to deliver vacant possession of the said premises unto my client on that date as stated above. 6. In case of your failure to quit the premises as desired, you will be considered as a trespasser and ejected in due course of law and you will have to pay damages at rate of Rs………..per day until you are evicted.  Yours faithfully AdvocateeStartIndia

(On the letterhead of the advocate)

NOTICE OF EJECTMENT THROUGH ADVOCATE

(SECTION 106 OF THE TRANSFER OF PROPERTY ACT, 1882)

REGD A/D / U.P.C.

Dated………

To ……………………..

Address

Sub: NOTICE UNDER SECTION 106 OF THE TRANSFER OF PROPERTY ACT, 1882 FOR EJECTMENT

Dear Sir,

Under the instructions from and on behalf of my client Sh. ……S/O……R/O….(hereinafter referred to as “my client”), I serve you with the following notice :

1. That the house bearing no…….situated at…..in……city is owned by my client. That you approached my client and requested my client to give the said property on lease to you.

2. That my client has inducted you as the tenant in respect of the said property. That the agreed monthly rent for the said property is Rs……..per month.

3. I hereby give you notice that you are to quit and vacate the said property of which you are now in possession of as a monthly (or yearly) tenant under my said client immediately on the expiry of the last day of……………………………..2019.

4. On and from the 1^st of…..(month next following the last day of the month on which the tenant is required to quit) the tenancy hereto shall terminate and all relationship of landlord and tenant between my client and you shall absolutely cease.

5. You are requested to deliver vacant possession of the said premises unto my client on that date as stated above.

6. In case of your failure to quit the premises as desired, you will be considered as a trespasser and ejected in due course of law and you will have to pay damages at rate of Rs………..per day until you are evicted.

Yours faithfully

Advocate

eStartIndia

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Considering a property that has been leased out, the tenant residing in the property should intimate the landlord the desire to vacate the property in writing. The same way the landlord has the obligation to notify the tenant of his desire to get the property vacant on a certain date. Except under unusual circumstances, the parties should give adequate time for vacating the property.

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BENEFIT OF ISSUING NOTICE

Issuing a notice to vacate the property will make the procedure more legal and in case of dispute, the parties can approach the court where this notice will act as strong evidence.

MODES OF ISSUING NOTICE

The notice to vacate the property must be given to the tenant through the following modes:

Registered post.
Electronic communication like e-mail and through this means the party should seek acknowledgment of the receipt of the notice.
In-person, if the party cannot be found in person then the notice can be handed over to someone in a neighborhood aged above 16 years or the place last resided by the tenant or home or business address.

CONTENTS IN A NOTICE TO VACATE PREMISES

It must mention the addressee.
Allow adequate time to vacate the premises in accordance with section 106 of the Transfer of Property Act.
It must be duly signed by the party sending the notice.

Registration Process

PROCEDURE TO VACATE PREMISE

The notice has to be drafted in a plain white paper or in electronic media addressing to the tenant and the document has to be signed and handed over to the opposite party through registered post or in hand or e-mail. In case it is delivered through electronic media or in hand then acknowledgment of receipt has to be acquired.

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Package Includes:

Draft a Legal Notice/ Reply to a Legal Notice for Tenant Eviction

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FAQs

Who can send notice to vacate the premises?

Either a tenant can make a notice to show his desire to vacate the property or the landlord can draft notice to get the property vacated.

Can a notice to vacate be provided before term for lease ends?

Yes, the party by showing sufficient cause can seek to vacate the property and in case of any criminal charge being made against a party causing threat to the property or neighbourhood immediate vacating notice can be issues before the end of lease period.