Rental

How To Write A Legal Notice To Vacate Letter To A Tenant?

This blog discusses what to do to vacate premises and send legal notice to your tenant. Read below to know more.

In India, the homeowner’s sending of an eviction order to the tenant qualifies as a formal indication. An option for the tenant to look for a new place is presumed to exist when the landlord issues a legal notice to the tenant to quit the property. A tenant may be granted a fair amount of time to depart the rental property and find another one when they are given a notification to a tenant to quit. An official notice to vacate the rental home works incredibly nicely.

Why Give The Notice To Vacate The Property?

Any time a renter is a bully, the situation for the landlord worsens. Such renters refuse to vacate the property, making a nuisance of themselves for the landlord—one country where these problems are widespread in India. The landlord can bring a lawsuit for eviction against the renter if the tenant forcibly retains possession. However, the landlord must first give the tenant notice to leave the property before bringing a lawsuit.

Is Rent a Supplement Income?

Mostly yes. Rent in India is considered a supplement income as long as the landlord wishes to continue with the same. Apartments are often brought to be rented, and therefore, rent becomes a good income source. However, tenants often need to be replaced, or the landlord decides to rent the premises to a different tenant. In that case, immediate notice needs to be served to the given tenant. 

However, this is not considered to be an easy process, as tenants often go against it to fulfill self-interest. In India, a law regarding the same is put into place to protect the self-interest of both stakeholders as such. Therefore, how should the landlord go about the same? 

Experts from the legal field can provide you with a certain understanding of the entire process. In some instances, wherein the tenant would not readily vacate the premises, the help of a legal attorney can be taken. However, prior to such proceedings, the legal and binding agreement pertaining to renting out the apartment should be carefully put under the scanner to avoid any kind of irregularities in the future. 

Is the Notice for Vacating Premises Data-driven?

This is probably, the most pertinent question raised by the target audience. In most cases, the notice for vacating a premise is date driven. The right to stay is basic as per the Indian constitution, and legal experts state that everyone should be given a fair chance to find out a suitable place to stay before they are asked to vacate the rented apartment. 

Therefore, how soon can you serve the notice if you remain the landlord of the rented premises in a particular case? Legal experts reveal that the earlier, the better, but a notice should be served at least 3 months before the date the landlord would look to vacate the premises.  

How Can You Provide Notice to Vacate?

Notice to vacate can be given online through the mail, as you have a confirmed receipt. However, the traditional process of providing a legal notice remains to be offline, that is, more often than not a written document is given to the tenant concerned. However, the receipt of the paper should be confirmed, which is why you should be able to send it through registered post. 

A conversation can be initiated about the same, in case the tenant does not agree to vacate the given premises on the stipulated date. However, such conversations can be given way in front of witnesses or legal attorneys for that matter of fact. This is done, to avoid any kind of legal disputes or complaints brought forward by the concerned tenant.

How Sught The Owner Handle The Tenant?

The tenant will get a letter or notice to leave when the landlord requests that the rental unit be vacated. After providing the renter with a reasonable amount of time to respond, the landlord has the right to demand the return of his property. 

Even though it is not required, giving the tenant rental notice to leave the property is a lawful and appropriate way to let them know the landlord wants to evict them. The landlord’s eviction order to the tenant is also admissible as evidence in a court of law to show that the tenant had ample time to make exit plans. Landlords occasionally offer their properties for rent for a set period.

However, there are situations when the renter must leave the property before the end of the lease. In these circumstances, the landlord notifies the tenant that their lease has expired and that they must vacate the premises. To indicate that the landlord intends to file a lawsuit if the tenant does not leave the property, the quit notice statement from the landlord to the tenant should be written on legal letterhead.

What Justifications Do Landlords Have For Giving Renters Notice To Leave A Rental Property?

Although Premises and Tenancy Acts vary from state to state, they outline the grounds for a landlord to give notice. In the following circumstances, a tenant eviction notice may be delivered:

  • If a renter intentionally withholds rent from the landlord even after a fifteen-day grace period
  • The renter is subletting the property without the owner’s express permission or objection
  • If the tenant utilizes the space in a manner inconsistent with the terms of the lease. For example, using a residential home for business purposes
  • Engaging in any behavior by the renter that diminishes the utility or value of the rented property
  • Making use of the property for any activity prohibited by local law and immoral
  • Making the area unlivable to the point where everyone requests a written injunction against the renter
  • Take residence in any other location for longer than four months in a different state or part of the nation
  • If the tenant misrepresents the ownership of the property or modifies it without the landlord’s written approval
  • When a tenant makes additions, alterations, or temporary or permanent constructions without the landlord’s express approval
  • If the tenant raises the rent for the sublet without the landlord’s prior written consent. Even though the tenant obtained the landlord’s written authorization to sublet
  • If the landlord or members of his family require the property for one of their own
  • The property must be vacant if repairs must be made, which is a real need.

Nevertheless, the tenant will have the right to enter the land once it is finished

  • If the property needs to be torn down to make room for a new building.

Conclusion

Any circumstances mentioned above should prompt the landlord to seek legal advice and appropriately write an eviction notice against the renter. The landlord is free to launch an eviction lawsuit against the tenant in court if they refuse to vacate after receiving a piece of 30-day information. However, such procedures should be adequately understood before going forward. If you happen to be a prospective landlord, we suggest you get in touch with the legal professionals of Vakilsearch, one of the most reputed consultants across the country. 

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