This article addresses the reasons why a tenant may be asked to move out and the legal notices that can be sent to tenants before they vacate premises. The sample draft of the notice sent to the tenant is also included in the blog below. Read more about the conditions and clauses governing tenancy and rents.
Sending a legal notice to tenant Depending upon the kind of people in both parties, that of the landlord and tenant the process could either be a lawfully neutral and smooth-sailing one or an absolute ruckus. Asking a tenant to vacate the premises that have been rented out to them is a valid and rightful demand on the part of the owner because the house or the rented-out area is under his proprietorship in accordance with the law of properties.
The process of asking a tenant to evacuate the house before a pre-determined time, which should be equal to or more than 30 days, considerably. A tenant is expected to look for other places to live during that period, gradually emptying the house they occupied at the owner’s request.
Notice for Eviction of Tenant
A notice is sent for legal purposes as it manufactures an official time stamp when the notice was sent to the tenant and whether or not considerable time has been offered to them before evaluating a forced or penalty eviction by law and the landowner.
Reasons Why a Tenant May be Asked to Move Out:
There could be multiple reasons why a tenant could be asked to move out. It could be because the landowner required the rented portion of his property back for personal allocation reasons or to use the place more important to him than someone else’s lodging. It could also be accommodating someone from the landlord’s family or a higher rent-paying tenant. Since rents are a great source of passive income and sometimes families in great economic difficulty, several unemployed or laid-off workers rent out a part of their property (mostly, inherited) to live from the paycheck of the person they’ve rented their house to.
Hence the inherent supposition that the landowners are affluent people can often not be true. That is when renting places out to economically stronger tenants becomes a problem. Many a time, landlords find themselves in a tight fix. The tenants could be stringent and show misconduct towards the landlords, overpower or throw off the alerts of rent dues, and display flaky responses even to regularly paying the rent. Some of the most significant issues, however, are faced when the tenants refuse to relocate or evacuate even after repeatedly being asked to and skipping bills and rent.
Since this happens with appalling frequency in many places in the country, its an issue of serious concern and makes renting out to unknown frisky people a real hardship, especially when the landlord hails from modest family background and doesn’t want to rile up in legal formalities and expense because of a vile tenant.
Based on the Premises and Tenancy Acts, which despite being different in the various parts of the country, lays out a doctrine of dos and don’ts and expects both the landlord and the tenant to abide by them. Not adhering to these rules for the tenant could mean being issued a notice for eviction of tenant and a very short time period to evacuate the premises to escape legal charges slapped on by the landlord. A few reasons, legally bound, why a landlord may have an issue with or would require his premises to be evacuated could be:
Click Here to Know More About How to Draft a Legal Notice
Related to the Tenant:
- Impudent behaviour of the tenant regarding the payment of bills and rents, potential behavioural threats, non-payment even after 15 days of the expiry of extended or observed ren payment date.
- By law, a tenant is not allowed to let out property originally rented to them. Suppose the tenant meant to stay at someplace (which is the residential purpose of the rented-out place) is found subletting the property for commercial purposes under the watch of the landlord. In that case, he is likely and allowed by law to send the tenant an eviction notice.
- Subletting by the tenant can be consented to, but changing, tweaking or renegotiating rents obtained from the sublet place should not be done without bringing it to the landlord’s notice. In such breaches, the landlord may consider sending an eviction notice.
- If the tenant or their accomplices happen to compromise on other people’s safety, or wreak havoc and create nuisance in the neighbourhood, so much so that everyone concerned affected can sign a written consent for the landlord to issue an eviction notice to be sent to the tenant
- the non-aligning lifestyle of the tenant if it happens to affect the landlord’s, disregard of rules that the tenant had been previously agreed to
- Possibility or tracing of immoral or illegal businesses or occurrences (according to the law of the specific area or in general) in rented out places that the landlord may have traced and wants no legal implications or penalisation for the same
- Irresponsible behaviour of the tenant, such as not adhering or purposeful violation, by altering and changing the orientation or appearance- by permanent or temporary changes in the premises without the written consent of the landlord, plummeting dues and debts, squatting or causing immense damage of property, irreversible changes within the premises or house that result in loss of price value for future renting or utility of the place in the rented property. All of the aforementioned allow the landlord to issue an eviction notice to the tenant.
- If the tenant doesn’t live in the rented place for over four months but lives in another place in another town, city, or another part of the country, he may be asked to move out to make the property available to a more needy legal notice to tenant.
- If, in some cases, the tenant refuses to accept the landlord as the owner of the land and resorts to whims and tries to alter the kind of relationship they have with the property, without the landlord’s consent or by force
- For personal allocation reasons, use the place that is more important to him than someone else’s lodging. It could also be to accommodate someone from the landlord’s family itself.
- For renovation purposes, the landlord may ask the tenant to move out while the repairs and refurnishing are done. The landlord must ensure the legal notice to tenant can move back in after the renovation. Suppose the building or place of stay needs to be legally or for other agreeable purposes. In that case, the landlord may issue the eviction well before the tenant can look for a place elsewhere.333
Eviction Notice to Tenant Sample
Date of Issuing
Name of the Tenant
Address of the Tenant’s native place of residence
State
Pin code of the Tenant
‘Name of the Landlord’, Landlord, hereby gives ‘Tenant’s name, and all other occupants holding under them, a notice period of thirty days (30) (Start Date – End Date) to vacate the premises of the rented-out unit, a property of ‘Name of the Landlord’, which is located at ‘The Address of the rented property.
The reason(s) for the eviction are as follows:
Reason 1
Reason 2
Reason 3
You must vacate the premises within 30 days of issuing this notice.
If you remain on the premises on or after the date that you are specified to vacate, then the landlord can seek to enforce this termination, on legal grounds, with legal repercussions.
You can produce a defence case of your own at this time. You may also request a meeting where the reasons for eviction shall be discussed, so the violations and the reason for termination of the rent. The landlord or accomplices shall handle this in court, with legal support and advice. If you fail to acknowledge this termination notice, the landlord shall not be responsible for the legal evacuation processes enforced by law.
Respectfully,
Signature
Name of the Landlord
Understand the Legal Grounds:
Before sending a lawyer’s notice, ensure you have valid legal grounds for eviction. Common reasons include non-payment of rent, violation of lease terms or completion of the lease period.
Review the Lease Agreement:
Examine the lease agreement thoroughly to understand the terms and conditions relevant to eviction. Ensure you have clear clauses supporting your decision.
Drafting the Legal Notice:
Seek legal advice to draft a formal notice. Include details such as the reason for eviction, a specific timeline to vacate, and consequences if ignored. The language should be clear and legally sound.
Serving the Legal Notice:
Send the notice through registered mail or a process server to ensure it is properly documented. Some jurisdictions may have specific requirements for serving legal notices.
Keep Copies and Records:
Maintain copies of the notice, proof of mailing and any communication with the tenant. These records will be crucial if legal action becomes necessary.
Allow Time for Response:
Give the tenant a reasonable period to respond or rectify the issue as per local laws. This demonstrates fairness and compliance with legal procedures.
Legal Action, if Necessary:
If the tenant fails to comply, consult an expert from Vakilsearch to discuss the next steps. This may involve filing an eviction lawsuit in court.
By following these steps, landlords can navigate the legal process of serving a notice to a tenant to vacate premises and ensure adherence to legal requirements.
Conclusion:
As lawyers across the country are worried and concerned with how much of an ugly affair renting out houses can become if rules and regulations are let loose or if power is vested in the hands of the ones who intend to exploit it, evacuation could also mean a highly uncomfortable reality for the ones asked to move out.
Hence, the notice period should be sufficient for someone to get a new residence before giving up the place. Another feasible alternative is to inform the tenant beforehand of the requirement for evacuation if the grounds are other than brash behaviour and rent dues and the like.
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