Tenant Rental Notice

Tenant Rental Notice

Earning some extra bucks through passive income sources is quite the need of the hour with the inflation in the economy. The extra sources of income also ease out the stress of completely depending on your salary. If you are moving out of the town or just shifting to a new place without selling your old home? Why not put it up for rent? Every individual has to stay in a rented home, at least once in their life, proving the unending demand for rental homes. As good and profitable this renting procedure, it might be quite a tough thing to deal with in case one gets stuck up with a tough tenant not paying rent or otherwise.

To ease out your stress, the government has set up several laws. One of the most important is the Rent Control Act, 1948, implemented by all the state governments to tackle the rental issues. According to the act, the tenant and landlord sign a contract stating all the details of the rent, the time duration of the contract, landlord-tenant notice, and all the other necessary details.

However, if the tenant wants to discontinue their stay in the rented property, or the landlord wants the tenant to vacate the property, ending the contract is the viable option. The landlord can end the contract with further notice because of reasons like the tenant not paying rent among others. In the case of a tenant, they can terminate the contract after the mentioned period, as per the laws of the government. According to the rules, the tenant has to provide a notice to the landlord to move out.

Evicting a Tenant- The Conditions

A landlord cannot ask the tenant to vacate the property at any point in time, hence, the landlord has to send a legal notice mandatorily to the tenant to vacate the property. Sending a tenancy notice to vacate the property to the tenant is done based on several grounds, including:

• Delay in the rent payment for over 15 days past the due date intentionally.
• Subletting the property to another individual with no information to the landlord.
• Using the rented property for illegal and unlawful purposes, standing against the agreement signed
• Loss in the utility or value of the property because of the actions of the tenant leading to issuing a legal notice to the tenant to vacate
• Objectionable actions were taken by the tenant against the landlord
• The requirement for the property by the landlords for their self purposes
• Construction or repair and renovation of the rented property.

Following all the mentioned circumstances, issuing a legal notice to the tenant to vacate the property takes place.

Procedure for Eviction of the Tenant

After knowing the valid reasons through which they can evict the tenant, the landlord must follow the right procedure. While giving notice on tenancy, the procedure includes:

• Sending legal notice to the tenant to vacate: The landlord must get a proper legal notice from the court for eviction. In the tenancy notice to vacate, the landlord must mention all the details including the reason for eviction, date, and time by which they must vacate the property among others.
• Filing the eviction suit: Even though most of the time, the tenant leaves the place after receiving the tenancy notice to vacate. But sometimes, the tenant might refuse to leave the property. In such cases, the landlord can file an eviction against the tenant.
• Judgment and final notice: After the hearing in the court from both the tenant’s and landlord’s side, they give the final decision. Following this, it issues the final legal notice to the tenant to vacate the property.

However, without a proper legal rent agreement, it is not possible to evict the tenant and take any legal action against them.

Stopping Illegal Eviction of the Tenants

Many times the landlord tries to evict the tenant due to some personal grudges, or silly reasons. As per the rules of the government, the landlord cannot evict the tenant for 5 years of the rent agreement until there is a valid and urgent reason. It is mandatory to issue a legal notice 90 days (at least 42 days) before the leaving date. Before the eviction, one must keep in mind the following things:

• The landlord must do the drafting of the rent agreement with the help of a consulted lawyer.
• They should draft the rent agreement for a particular period with the option of renewing it according to the will of the tenant or landlord.
• Before the eviction, the basis on which the landlord takes the action has to be justified under the state laws.
• The landlord cannot evict the tenant without giving a legal notice to the tenant to vacate and providing a notice period for tenants.

Actions in the Case of Tenant Not Paying Rent

The majority of the eviction cases take place because of the tenant not paying the rent and even refusing to leave the property. The laws allow an extension of 15 days over the due date to the tenant for rent payment according to the rental agreement. If the tenant still does not pay the rent, the landlord can take further legal actions.

A legal notice to the tenant for not paying the rent is issued, along with the due details. If the tenant still does not make the payment, the landlord can take further legal actions according to the lease agreement.

Format and a Sample of Notice to Vacate the House

Either the tenant can give legal notice to the landlord to move out, or the landlord can issue the notice to vacate the house. The details to be included in the legal tenancy notice to vacate the house include:

• Date
• Name of the landlord.
• Address of the property and unit number.
• Reason to move out of the apartment/ reason to evict the tenant.
• Date of moving out/ date of vacating the house.
• In the case of the tenant leaving, they also need to request a refund of the security address along with the provision of the forwarding address.
• Signature

The sample format to be followed is:

Ref No. _________ (Left Side)

Dated:- (Right Side)

Regd Post/Speed Post (Center Text)

Legal Notice

To,

__________________

Electronic City Phase 1, Bangalore, India 560100

Email Address: ___________________

Through its Managing Director

Under the instructions from and on behalf of my client _____________________________, I have to address you as follows:

That you have executed one rent agreement dated: ____________________ with my clinet for the ___________________________.

That aa per clause 11(c) of the said agreement, there was a contractual obligation on your part to not to use the premise in a way, whivh would cause nuisance to the society or it would interfere in the peace of the residents. Moreover, as per clause 9 of the agreement you were bound to pay rent to to my client without any delay and default. However, on default my client was free to terminate the agreement after serving you two months notice.

That you addresssee was not regular while making payment of rent to my client. Mpreover, many times you have contravened you have clause 9 of the agreement.

The vide emails dated: ___________, __________ and ___________ my client has expressed his resentment to you that the members of the society are complaining about the pets of a tenant in the said.

The government can issue the landlord-tenant notice at any point in time, irrespective of the agreement. This usually happens in the case of disobedience of the rent agreement or tenant not paying rent.

Stopping Illegal Eviction of the Tenants

Many times the landlord tries to evict the tenant due to some personal grudges, or silly reasons. As per the rules of the government, the landlord cannot evict the tenant for 5 years of the rent agreement until there is a valid and urgent reason. It is mandatory to issue a legal notice 90 days (at least 42 days) before the leaving date. Before the eviction, one must keep in mind the following things:

• The landlord must do the drafting of the rent agreement with the help of a consulted lawyer.
• They should draft the rent agreement for a particular period with the option of renewing it according to the will of the tenant or landlord.
• Before the eviction, the basis on which the landlord takes the action has to be justified under the state laws.
• The landlord cannot evict the tenant without giving a legal notice to the tenant to vacate and providing a notice period for tenants.

Actions in the Case of Tenant Not Paying Rent

The majority of the eviction cases take place because of the tenant not paying the rent and even refusing to leave the property. The laws allow an extension of 15 days over the due date to the tenant for rent payment according to the rental agreement. If the tenant still does not pay the rent, the landlord can take further legal actions.

A legal notice to the tenant for not paying the rent is issued, along with the due details. If the tenant still does not make the payment, the landlord can take further legal actions according to the lease agreement.

Format and a Sample of Notice to Vacate the House

Either the tenant can give legal notice to the landlord to move out, or the landlord can issue the notice to vacate the house. The details to be included in the legal tenancy notice to vacate the house include:

• Date
• Name of the landlord.
• Address of the property and unit number.
• Reason to move out of the apartment/ reason to evict the tenant.
• Date of moving out/ date of vacating the house.
• In the case of the tenant leaving, they also need to request a refund of the security address along with the provision of the forwarding address.
• Signature

The sample format to be followed is:

Ref No. _________ (Left Side)

Dated:- (Right Side)

Regd Post/Speed Post (Center Text)

Legal Notice

To,

__________________

Electronic City Phase 1, Bangalore, India 560100

Email Address: ___________________

Through its Managing Director

Under the instructions from and on behalf of my client _____________________________, I have to address you as follows:

That you have executed one rent agreement dated: ____________________ with my clinet for the ___________________________.

That aa per clause 11(c) of the said agreement, there was a contractual obligation on your part to not to use the premise in a way, whivh would cause nuisance to the society or it would interfere in the peace of the residents. Moreover, as per clause 9 of the agreement you were bound to pay rent to to my client without any delay and default. However, on default my client was free to terminate the agreement after serving you two months notice.

That you addresssee was not regular while making payment of rent to my client. Mpreover, many times you have contravened you have clause 9 of the agreement.

The vide emails dated: ___________, __________ and ___________ my client has expressed his resentment to you that the members of the society are complaining about the pets of a tenant in the said.

The government can issue the landlord-tenant notice at any point in time, irrespective of the agreement. This usually happens in the case of disobedience of the rent agreement or tenant not paying rent.

Authorities to Contact in the Case of Eviction of the Tenant

There are several acts under which the government sends a notice to vacate the house to the tenant in the case of disobedience or the other legal matters. The laws which can be of great help to the landlords include

• To resolve the disputes among the landlord and tenants, the government has introduced the premises and tenancy act.
• To send a legal notice to the tenant for not paying rent, or to end the tenancy, the government has introduced the Rent Control Act 1948.
• In the case of illegal actions, we can look at the code of civil procedure 1908 for the eviction of the tenant.

With all the above details, laws and format of the rental agreement, it is easy for the landlord to carry out all the legal proceedings while putting their property up for rent.

Both the tenant and landlord can end the rent agreement according to their will, but only with prior notice. It is recommended that the tenant follows all the rules and regulations, to avoid any restrictions or legal limitations.

Who Can Use This Notice to Vacate Format

In general, anyone who is a landlord or property manager can use a notice to vacate. This includes individuals who own or manage rental properties, as well as real estate companies or property management firms. Some situations where a notice to vacate may be used include:

• Rent arrears and property damage are both breaches of the contract by the renter
• The renter has not renewed the contract, so it has terminated
• For whatever cause, the landlord wishes to end the lease.

The cost of a notice to vacate format can vary depending on the specific format or template used. Many legal websites or forms providers offer free or low-cost templates that can be customised to fit the specific needs of the landlord or property manager. It is important to ensure that any notice to vacate the format used complies with local laws and regulations, as failure to do so can result in legal complications or challenges.

Rights of a Tenant

Laws safeguard some of the privileges that tenants have. In India, a tenant's customary privileges include some of the following:

• Right to Live Peacefully: A tenant has the right to live peacefully in the rented property without any disturbance or interference from the landlord.
• Right to Privacy: In the rented space, the renter has the right to privacy, and barring special conditions, the landlord is not allowed entry without the tenant's consent.
• Right to Basic Amenities: A tenant has the right to basic amenities like electricity, water supply, and sanitation facilities. The owner is in charge of ensuring that these facilities are available.
• Right to repairs: If there are any repairs or maintenance issues in the rented property, the tenant has the right to ask the landlord to carry out the repairs.
• Right to Security: A tenant has the right to feel safe and secure in the rented property. The landlord is responsible for providing adequate security measures like locks, CCTV cameras, etc.
• Right to Renew the Lease: If the tenant wishes to continue living in the rented property after the expiry of the lease, they have the right to renew the lease.
• Right to Fair Rent: The landlord cannot charge excessive rent from the tenant. In light of the property's location and state, the rate should be equitable and affordable.
• Right to Notice: The landlord cannot ask the tenant to vacate the property without giving proper notice as per the tenancy agreement.
• Right to Challenge Eviction: If the landlord wants to evict the tenant, the tenant has the right to challenge the eviction in a court of law.

Rights of a Landlord

Some of the rights of the landlord include:

• Right to Receive Rent: A landlord has the right to receive rent from the tenant on time as per the rental agreement.
• Right to Enter the Property: A landlord has the right to enter the rental property for inspection or repair work, with prior notice to the tenant as per the rental agreement or state laws.
• Right to Evict: A landlord has the right to start eviction procedures and demand ownership of the renting property if a renter breaches the terms of the lease or pays the rent late.
• Right to Deduct Unpaid Rent from Security Deposit: If a tenant fails to pay rent, a landlord has the right to deduct the unpaid rent from the security deposit at the time of move-out.
• Right to Terminate the Lease: A landlord has the right to terminate the rental agreement at the end of the lease term, as per the terms of the agreement.
• Right to Keep the Property in Good Condition: A landlord has the right to expect the tenant to keep the rental property in good condition and to make necessary repairs in a timely manner.
• Right to Charge Late Fees: A landlord has the right to charge late fees if a tenant fails to pay rent on time, as per the terms of the rental agreement.

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