In India, the rights of tenants are given in Rent Control Act,1948. When land is leased to a tenant, a Rent Agreement is signed between the tenant and the landlord.
Even though tenants are provided with rights which protect them against forced or unlawful eviction, there are certain grounds on which the landlord can file an eviction suit. Before filing an eviction suit, first, the landlord has to send a legal notice to the tenant.
The legal notice will contain:
- The number of days within which the tenant has to vacate the property, and
- The time and date on which the property should be vacated, and
- The reason for eviction.
Sample Tenant Eviction Notice:
ADVOCATE OFFICE Address: Shivaji Nagar, 101 Shri apartments.
Contact No: 2332356478 Email: Advneerajjha@gmail.com
Ref. No: 020 Dated: 17/01/2022
Dev Jain Son of Somnath Jain
Resident of Pune, Maharashtra
Having instructions from and on behalf of my client Rohan Jadhav son of Neerav Jadhav R/o Pune, Maharashtra, I do hereby serve you with the following legal notice:
1. That my client is the owner of Beryl Shop 103.
2. That my client let out the shop, SCO No. 103, measuring 1500 sq. metres to you in the month of January 2021 on a monthly rent of 25,000/- per month plus 2000/- per month as maintenance charges.
3. You and my client entered into Rent Agreement on 04/01/2021 for the period of 12 months.
4. That it was also settled between you and my client that in case you fail to pay the monthly rent consecutively for a period of two months to my client, then my client shall be entitled to get the rented premises vacated immediately and you would handover the actual physical possession of the rented premises to my client. (Statement of facts.)
5. That you have paid the rent of the rented premises to my client up to the 27/06/2021 and thereafter you have not made any payment till date. (Cause of action.)
6. That my client demanded the rent due to him 25,000/- per month for the months of July, August, September, and October amounting to 1,00,000/.
7. That as per the terms and conditions of the Rent Agreement, the said Rent Agreement was executed for the period of only 12 months i.e. up to 04/01/2022 and the period of tenancy has already been completed, therefore, the Rent Agreement dated 04/01/2021 has expired. Now my client is not interested in continuing with the tenancy and wants you to vacate the said premises. (Reason for eviction).
I, therefore, through this legal notice call upon you to pay the due amount of rent 1,00,000/- along with maintenance charges and interest and vacate the premises of my client immediately, within 15 days from the date of receipt of this legal notice. (Relief demanded by Plaintiff).
In case you fail to do so, then my client has given me clear instructions to file legal proceedings against you in the competent court of law under the provisions of the Indian Contract Act and other applicable laws. In that event, you shall be fully responsible for all costs, risks and responsibilities. (Legal basis).
A copy of this legal notice is retained in my office for record and further necessary action.