Vacate Notice to Tenant
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Vacate Notice to Tenant
As a landlord, if you want a tenant to leave the rented place, you should proceed by giving a vacate notice. A vacate notice is a legal way of communication to the tenants. To evict a tenant can be enormous stress for a landlord if a tenant didn’t pay the rent on time or vacate the property. A landlord can evict a tenant legally only with a justifiable and valid reason.
Further, the landlords are advised not to use the following methods to vacate the property:
- Use of force for removing the tenant out of the property
- Remove the belongings of the tenants from the property
- Stop the supply of daily essential utilities like electricity, water and gas
- Stop the tenants from entering the property by change the locks of the property without informing them
- Harass the tenants to make them vacate the property
Mediums of Sending a Notice
Notice can be sent through the following mediums:
• Registered Post
• Put the notice on the front door of the property
These are the following grounds to evict a tenant legally from the property:
- When the tenant has violated any clause of rent/ lease agreement
- When the tenant didn’t pay the rent intentionally for more than 15 days from the due date
- When the tenant sublet the rented property to any other person without taking the permission of the landlord
- When the tenant used rented property for unlawful means or any other purpose that mentioned in the rental agreement
- When any action taken by the tenant has led to the loss of property value
- When the tenant intentionally disproves the landlord’s title in the rented property without any unknown means
- When the landlord wants their property for own occupation or for family member
- When the landlord needs their property for any maintenance which is not possible unless the property is vacated
- When the landlord wants to construct another building requiring demolition of the property
- Any other valid reason
Particulars in a Vacate Notice
- Name of the Tenant
- Proper address of the property
- Proper description of the property under the tenant such as number of rooms, bathroom and other information
- Exact number of units occupied by a tenant
- Reason(s) for the Notice
- Signature of the landlord/ any representative of the landlord on Vacate Notice
- A specific date to either remedy of the specified reason or vacate the property
STEP 1: Prepare the Notice with all the mentioned particulars.
STEP 2: Send the Notice to the Tenant through appropriate medium. The landlord must give a realistic time to the tenant to vacate the rented property.
STEP 3: File an Eviction Suit: This is a situation where the tenant can refuse to vacate the rented property after receiving the court’s eviction notice. The suit for eviction of the tenant is filed in a civil court under whose jurisdiction where the property is situated.
STEP 4: Final Eviction Notice: The court after hearing both the parties and issues a final eviction notice based upon the arguments and evidence presented in the court. The tenant must vacate the rented property, once the final eviction notice is sent by the court.
NOTE: The eviction of the tenant is difficult without the rental agreement as there is no proof of property being given on rent to the tenant.
Required Minimum Notice Periods for Few Reasons
|S.No||Reason||Minimum Period of Notice|
|1||Malicious damage to the premises or common areas||Immediate|
|2||Activities putting neighbors in danger||Immediate|
|3||Using premises for illegal purposes.||14 days|
|4||Engagement of the tenant in a drug-related activity in public housing.||14 days|
|5||Sub-tenancy of the property by the tenant||14 days|
|6||The premises are to be demolished and all necessary permits have been obtained.||60 days|
|7||The landlord, a member of their immediate family (including parents and parents-in-law) or a dependent (who normally lives with the landlord) wants to move in the concerned property.||60 days|
|8||The landlord wants to start a business in the premises||60 days|
|9||A government authority owns the premises and want it for public purposes.||60 days|
|10||The concerned premises is a government housing authority and the tenant is not meeting its eligibility criteria.||90 days|
|11||No specified reason||120 days|
- Consultation with our Expert
- 1st Draft of Notice
- Final Draft of Notice after revisions
- Sale Deed, Title Deed or any other document specify ownership of the Landlord over the property
- Lease or Rent Agreement made in between Landlord and Tenant
- A legal notice served to the Tenant.
- Records of communication between the landlord and the tenant regarding eviction.
- Original postal and rent receipts.
- Any other document related to tenancy
- Any document or proof representing the misconduct by the tenant.
A tenant must give 21 days’ notice to end the tenancy unless the landlord agrees to a shorter time. As well as, a landlord must give 90 days’ written notice to end the tenancy and landlord also gives 42 days’ notice in some cases.
In case a tenant fails to pay the rent or at the same time didn’t vacate the rented property, a legal notice can be sent to the tenant asking to pay the due rent or to vacate within a month or to immediate eviction.
In case of verbal rent agreement with the tenant, the landlord can still initiate the proceedings against the tenant for immediate eviction. But the landlord need to prove the occupancy of premises with the available documents such as- rent receipts, electricity bill or any other document proving that the tenant is residing in the same premises.
Failure to comply with the notice of eviction would require legal proceedings if and when the landlord decides to initiate one.
Yes, the landlord can evict a tenant if he wants to re-construct the premises by serving the notice to the tenant.
In the situation of absence of a written rent agreement, the landlord needs to present the following:
- A proof establishing the term and conditions of the tenancy.
- Monthly payment receipts issued to the tenant such as electricity bills, rent receipts, gas bills or any other bill.
- Proof of misconduct of the tenant.
- Any illegal activity of the tenant in the premises.