Eviction Notice

While state laws differ, most legitimate evictions begin with an Eviction Notice. If your tenant has breached their Lease Agreement by failing to pay rent or otherwise failing to respect the lease conditions, you may use an Eviction Notice to notify them that you will take legal action to remove them if they fail to comply with the lease terms. It is vital to understand that this document cannot compel renters to relocate. To properly evict a renter, you still need a court order.

Eviction Notice forms are also known as Eviction Letters, and Notice to Quit. If this is your first eviction, you should consult with a lawyer to determine the best course of action for your specific case. In general, keeping solid records and correctly submitting papers may make evicting a renter lot less traumatic. Learn how to utilise our free Eviction Notice template, what to include, and how to preserve your landlord or property manager’s rights.

No matter how upset you are, you should not attempt to evict a renter without first taking legal action and filing the necessary documentation. It is critical to thoroughly document your communications and to follow all applicable laws. If you go rogue and do things like switch off utilities, change locks without a court order, or enter a unit without appropriate notice, you might land up on the wrong side of a court battle. Excessive phone calls, text messages, or notes should also be avoided because they may be construed as harassment. It is advisable to hire a lawyer and go through the proper eviction process.

An Eviction Notice letter, when correctly crafted, may assist protect you as a landlord or property management by:

According to Section 105 of the Transfer of Property Act of 1882, a rental tenancy is essentially a sort of lease in which the property is temporarily transferred from the owner, known as the lessor, to the renter, known as the lessee. However, the Rent Control Act of 1948, issued by the Government of India to regulate the rentals of real properties and to manage tenant evictions in India, covers all regulations pertaining to tenants and landlords. The most important need is that you have a written rental agreement in place with your renter that specifies details such as the rent price, the duration of the contract, the security deposit, and the purpose of the occupancy. While the Rent Control Act protects renters against arbitrary removal from their dwellings save for certain causes and conditions, the landlord retains the ability to remove a tenant if the tenant performs certain defined activities or if the owner wants the residence for his own personal use.

A letter from the legal eviction notice will detail the rental agreement, the parties involved, the reason for the notice, and how long the tenant may have to remedy the issue before any further legal procedures are taken.

The following information is included in the notice:

You may use any of the following reasons for evicting a renter from your property:

An eviction suit can be filed if the tenant fails to pay the rent amount (as specified in the rental agreement) for more than 15 days after the due date:

After determining the reasons for the eviction and comprehending what should not be done to remove a tenant, the following process must be used to evict the renter:

An eviction notice must be filed in a court of competent jurisdiction, specifying the reason for the eviction as well as the time and date by which the tenant must vacate the property, and then given to the renter. The landlord must provide the renter sufficient time to vacate the rented property. In a variety of instances, renters quit the rented premises after receiving a formal notice from the court.

After receiving the eviction order from the court, the tenant has the option of refusing to leave the rented home and contesting the eviction. In this case, the landlord may hire a rental property attorney to bring an eviction complaint against the renter. The eviction complaint is filed in the civil court with jurisdiction over the rented property.

The court hears both parties and, based on the arguments and evidence given, issues the tenant a final legal notice of eviction. The renter must vacate the rental property after the court issues the final eviction order since they cannot ignore this notice.

Eviction is a harsh choice that should only be used as a last resort. If the renter has ceased paying rent but continues to occupy the property, you might obtain a “distress” deed.

This is a court order compelling the renter to pay you rent and authorising you to have a bailiff confiscate the tenant’s property and keep it until the rent is paid or sell it to satisfy the rent if he or she does not. It also permits the tenancy to continue and the renter to remain in the property. Taking legal action against your renter in India can be tricky, therefore we recommend that you engage a lawyer. Themis Partner can connect you with a real estate lawyer and a lease violation specialist. To obtain the assistance you require, contact Themis Partner.