How to give a Legal Notice to the tenant to Vacate the Property?

It is considered a good source of passive income to own other residences and receive rental income from them. This easy source of money, however, can quickly turn into a nightmare if necessary precautions are not taken. Especially if you're dealing with unreliable tenants.

In this article, Advocate Viraj Patil who is the Co-Founder of the Parthasaarathi Law firm in Navi Mumbai has discussed how to give a tenant a legal notice to vacate the property.

Why is it necessary to send a notice to evacuate the premises?

In India, sending an eviction notice to the renter is an official notification. A landlord's legal notice to quit the premises is interpreted as an opportunity for the tenant to find a new home. 

The term "notice to a tenant to vacate" refers to a circumstance in which a tenant is given a fair amount of time to depart their rented space and locate a new one. A legal notice does work when it comes to vacating a rental property.

When a renter is a bully, the issue becomes much more difficult for the landlord. Such renters refuse to vacate the premises, causing an unwelcome nuisance for the landlord. India is one of the countries where such problems are common.

The tenant stays in possession forcibly, allowing the landlord to utilise his or her right to bring an eviction claim against the tenant. However, before launching a lawsuit, the landlord should give the renter notice to quit the premises.

"Sending a legal notice to the renter before filing the action serves as a final warning." If the renter continues to refuse to quit the premises, you should initiate a lawsuit for eviction," advises Advocate Viraj Patil.

What is the best way for the landlord to deal with the tenant?

The landlord will issue a letter or notice to vacate to the tenant when he wants his rented property to be vacated. The landlord has the right to demand that the tenant return his property once a reasonable period has passed. 

Though it is not required, giving notice to the tenant to vacate the property, it’s a lawful and appropriate method of informing the tenant that the landlord wishes to evict him. 

The landlord's eviction notice to the tenant might be used as evidence in court to show that the tenant was given enough time to make the necessary preparations to move out. There are times when landlords will lease a property for a specific time.

However, the tenant may be required to evacuate the premises before the end of the lease period. In such cases, the landlord issues a lease termination notice to the tenant, instructing them to vacate the premises. 

The landlord's quit notice letter to the tenant should be on the lawyer's letterhead to reflect that the landlord is willing to pursue legal action if the tenant does not vacate the premises.

"With the uncountable examples of squatting or property damage," lawyer Viraj Patil adds, "renting out house properties is turning out to be a terrible affair for respectable people."

What grounds do landlords have to give renters notice to depart the premises?

Although Premises and Tenancy Acts vary by state, they always define the reasons for the landlord giving a notice. In the following circumstances, a tenant eviction notice may be issued:

• If a tenant fails to pay the rent to the landlord after the fifteen-day grace period has expired, it is considered malfeasant.

• If the tenant utilises the property for a purpose other than that specified in the lease agreement. For example: Using a residential property for commercial purposes

• Any act or omission by the tenant that causes the tenanted property to lose utility or value.

• Using the property for any illegal or immoral purpose or activity within the legislation of the land

• Causing a disturbance in the area to the point where everyone requests for a formal agreement to take action against the renter

• Occupy any other location in a different state or region of the country for more than four months.

• If the tenant refuses to acknowledge the owner's title or modifies the nature of the property without the landlord's written permission.

• When a tenant adds, changes, or constructs any permanent or temporary structure in the premises without the landlord's written permission.

• If the landlord requires the property for his use or that of his family members.

• A legitimate requirement for the property to conduct critical repairs necessitates the property being vacant. However, the tenant will have the right to enter the premises once it is completed.

• If the premises must be demolished to make way for the construction of a new structure.

Advocate Viraj Patil, says that in any of the scenarios listed above, the landlord should get legal advice and correctly draught an eviction notice against the tenant. If the tenant does not depart after receiving a 30-day notice, the landlord has the right to bring an eviction suit in a court of law.

It's important to note that tenants have the right to respond to the landlord's 'tenant notice.