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Eviction Notice Format

Eviction Notice (Notice to Vacate) — Rent Control Act & Transfer of Property Act

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Section 106 gives a different default notice period for agricultural and manufacturing leases.

Rent-control laws often exclude premises by rent, area or date of construction. Check your State’s Act.

A number only. Leave blank if the agreement has no notice clause, or there is no written agreement. Optional.

Grounds for the notice (tick each that applies) · Required

Only the grounds you tick appear in the notice. Under a rent-control law, choose grounds that Act lists.

Section 106(4) recognises all of these. Email or WhatsApp can be sent as well, but not instead.

Where section 106 applies, the notice period runs from receipt, not from the date you send it.

Read the whole document before you sign or send it.

Your document — Tenant Eviction Notice
NOTICE TO VACATE

Date: _______________
Mode of service: _______________

To,
_______________
_______________

Subject: Notice terminating your tenancy of, and to vacate, the premises at _______________

Dear _______________,

I, _______________, owner and landlord of the premises situated at _______________, _______________ (the "premises"), give you this notice.

1. You have held the premises, let for _______________ purposes, as my tenant from _______________, on a month-to-month tenancy.

2. This notice is given on the following ground(s):

3. If you fail to vacate the premises by that date, I shall initiate proceedings for your eviction before the competent court or authority, and shall also claim mesne profits or damages for your use and occupation of the premises after that date, and the costs of the proceedings.

4. This notice is without prejudice to my other rights and remedies in law.

_______________
Date: _______________

Same document in Hindi: हिंदी संस्करण

iGuideline Summary

An eviction notice (also called notice to vacate) is a formal legal demand by a landlord for a tenant to vacate the rented property. In India, eviction is governed by the applicable State Rent Control Act and the Transfer of Property Act, 1882. You cannot forcibly evict a tenant without following the legal process. Where the State’s Rent Control Act applies, eviction is allowed only on the grounds that Act lists — commonly non-payment of rent, subletting without permission, causing damage, misuse of the premises and the landlord’s bona fide need — and is ordered by the Rent Controller or court. Where it does not apply, the Transfer of Property Act, 1882 governs how the tenancy ends, and there are three different routes. A lease for a fixed term ends when the term expires (section 111(a)). Before then, a breach of an express condition that allows the landlord to re-enter can end it by forfeiture, once the landlord gives written notice of the intention to do so (section 111(g)). A periodic tenancy — month-to-month or year-to-year — ends when a notice to quit under section 106 expires (section 111(h)): 15 days for a monthly tenancy and six months for an agricultural or manufacturing lease, unless the agreement or local law says otherwise, counted from the day the tenant receives the notice.

⚠️ Eviction grounds, notice periods and the forum all vary by State. Check which Rent Control Act applies to your tenancy before you rely on this format.

✎Sample Eviction / Notice to Vacate (Full Format)

A complete, ready-to-adapt letter in the format Indian companies, regulators and consumer forums expect. Replace the bracketed placeholders with your own details, or let the free generator fill them in for you.

LEGAL NOTICE TO VACATE

[Mode of service — one of: By Speed Post with Registration and Proof of
Delivery (recommended: best proof of receipt) / By post / Delivered to you personally / Delivered at your residence
to a member of your family or a servant / Affixed to a conspicuous part of the
premises, tender or delivery to you not being practicable]

To,
[Tenant's Full Name],
son/daughter/wife of [Father's or Husband's Name],
Occupying: [Complete Address of the Tenanted Premises, City, State – PIN]

From,
[Your Full Name] (Landlord / Lessor),
[Your Complete Address, City, State – PIN]

Date: [DD/MM/YYYY]

Subject: Notice [terminating your tenancy of, and] to vacate the premises situated at [Address of Premises]

Sir / Madam,

I, [Your Full Name] (hereinafter "the Landlord"), the owner and landlord of the
premises described below, give you the following notice.

1. That the Landlord is the absolute owner of the premises bearing [House / Flat
   No.], [Building Name], [Street], [Locality], [City], [State] – [PIN]
   (hereinafter "the said premises").

2. [Use the version that fits your tenancy:]
   [Fixed-term lease:] That by a Rent Agreement dated [DD/MM/YYYY], the said
   premises were let out to you for [residential / commercial] purposes for a
   term of [NN] months commencing [DD/MM/YYYY] and expiring [DD/MM/YYYY], at a
   monthly rent of Rs. [Amount], together with a refundable security deposit
   of Rs. [Amount].
   [Month-to-month or year-to-year tenancy:] That you have held the said
   premises as my tenant since [DD/MM/YYYY], for [residential / commercial]
   purposes, on a month-to-month tenancy at a monthly rent of Rs. [Amount].

3. That this notice is given on the following ground(s).
   [Keep only the grounds that apply and delete the rest. Allege nothing you
   cannot prove. Where a State Rent Control Act applies, use only grounds that
   Act lists.]
   [Arrears:] You have failed to pay rent for the months of [Month, Year] to
       [Month, Year], amounting in aggregate to Rs. [Amount].
   [End of a fixed term:] The term of the tenancy [expired / expires] on
       [DD/MM/YYYY], and the Landlord does not agree to renew it. [Under many
       State Rent Control Acts, expiry alone is not a ground for eviction.]
   [Bona fide requirement:] The Landlord requires the said premises for
       [his/her/their] own bona fide use, namely [describe the need].
   [Sub-letting:] You have sub-let / assigned / parted with possession of the
       said premises to [Name] without the Landlord's written consent, in
       breach of clause [N] of the agreement.
   [Damage:] You have caused material damage to the said premises, namely
       [describe].
   [Misuse:] You have used the said premises for [purpose], contrary to clause
       [N], which permits use only for [residential / commercial] purposes.

4. [Include only if arrears are a ground:] YOU ARE CALLED UPON to pay the
   arrears of rent amounting to Rs. [Amount] [on or before [DD/MM/YYYY]]
   [— only if your agreement or a statute provides for interest: together with
   interest at [X]% per annum under clause [N] of the agreement / section [N]
   of [Act]].

5. [Use the paragraph that matches how the tenancy ends:]
   [Fixed term that has ended or is ending — Section 111(a):] Your lease
   determines by efflux of time on [DD/MM/YYYY], and the Landlord does not
   consent to your continuing in possession after that date.
   [Breach of a condition allowing re-entry, before the term ends — Section
   111(g):] Clause [N] of the agreement entitles the Landlord to re-enter on the
   breach stated above, and the Landlord gives you notice in writing of the
   intention to determine the lease on that ground. [For damage or misuse, add:
   Under Section 114A, you are required to remedy the breach, if it is capable
   of remedy, within a reasonable time of receiving this notice.]
   [Month-to-month or year-to-year tenancy — Sections 106 and 111(h):] The
   Landlord terminates your tenancy with effect from the end of [DD/MM/YYYY].
   [That date must fall at least 15 days (six months for an agricultural or
   manufacturing lease), or the period in your agreement, after the day the
   tenant receives the notice.]
   [Premises under a State Rent Control Act:] The premises are governed by
   [name of Act]. If you do not vacate, the Landlord will apply to the
   competent Rent Controller / Rent Court / Rent Authority for an order for
   your eviction on the ground(s) stated above.

6. YOU ARE HEREBY CALLED UPON to quit, vacate and hand over peaceful vacant
   possession of the said premises to the Landlord on or before [DD/MM/YYYY],
   and to clear all outstanding electricity, water, maintenance and other
   utility dues up to the date of handover, and produce the paid receipts.

7. TAKE NOTICE that upon vacant possession being handed over and the said dues
   being cleared, the Landlord shall refund the security deposit of Rs. [Amount]
   after adjusting arrears and the cost of repairing any damage beyond normal
   wear and tear, and shall furnish you with a written account of the deductions.

8. TAKE FURTHER NOTICE that if you fail to comply within the period stated above,
   the Landlord shall be constrained to initiate appropriate proceedings for
   eviction and for recovery of arrears, mesne profits and damages before the
   competent court or Rent Authority, entirely at your risk as to costs and
   consequences.

9. The notice period and the grounds of eviction are governed by the rent
   legislation applicable in [State] and by the terms of the said agreement.
   [Check the Rent Control Act / Rent Authority rules in force in your State,
   and the notice period stipulated in your own agreement. Where Section 106
   applies, the period runs from the day the tenant receives this notice.]

I have kept a copy of this notice for my records.

Yours faithfully,

[Signature]
[Your Full Name] (Landlord)
[Address]
Mobile: [+91 XXXXXXXXXX]
Email: [your@email.com]
Place: [City]

ENCLOSURES:
1. Copy of the Rent Agreement dated [DD/MM/YYYY] [if any]
2. Statement of rent received and rent outstanding [if arrears are a ground]
3. Copies of earlier demand communications dated [dates] [if any]
4. Proof of ownership of the said premises
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When to File This Complaint

  • Tenant has not paid rent for one or more months
  • Rental agreement / lease has expired and tenant refuses to vacate (under a State Rent Control Act, expiry alone may not be a ground)
  • Tenant has sublet the property without landlord permission
  • Tenant is using the property for illegal or commercial purposes
  • Tenant has caused significant damage to the property
  • Landlord requires the property for personal use or demolition

Documents Required

  • Rental agreement / lease deed copy
  • Proof of rent default or lease violation
  • Proof of ownership of the property
  • Previous rent notices sent (if any)
  • Photograph of property damage (if applicable)
  • Tenant address for service of notice

Common Mistakes to Avoid

  • Using generic eviction notice without citing correct legal grounds
  • Not mentioning the exact date by which tenant must vacate
  • Serving the notice only by WhatsApp or email — section 106(4) recognises post, personal delivery, delivery to a family member or servant at the residence, and affixing where delivery is not practicable; Speed Post with Registration gives the best proof
  • Attempting to cut utilities or change locks (illegal without court order)
  • Not following state-specific notice period requirements
  • Filing eviction suit before notice period expires

Frequently Asked Questions

What are the valid grounds for eviction in India?

Common legal grounds include non-payment of rent, lease expiry without renewal, subletting without permission, use for illegal purposes, causing damage, and landlord's personal need. The exact grounds are those listed in your State’s Rent Control Act, and only where that Act covers the tenancy — under many of these Acts, expiry of the lease is not by itself a ground for eviction.

How long does eviction take in India?

If the tenant leaves when the notice period ends, it is over then. If the tenant contests, the time depends on the forum — the Rent Controller, the civil court, or a Rent Authority under a State that has adopted the Model Tenancy Act — and on that court’s backlog; there is no fixed period. A negotiated settlement is usually the fastest route.

Can a landlord cut electricity to evict a tenant?

No. Rent laws bar it — the Delhi Rent Control Act, 1958, for example, forbids a landlord from cutting off an essential supply (section 45), and the tenant can have it restored by the Controller. Doing it also weakens the landlord’s own case. Eviction has to go through the legal process: notice, then an order.

Is a registered eviction notice mandatory?

Section 106 of the Transfer of Property Act requires the notice to be in writing and signed, and to be sent by post, delivered personally, or affixed to the premises if it cannot be delivered. Speed Post with Registration and Proof of Delivery is not the only valid mode, but it gives you proof of service if the matter reaches court.

Does GetNyay provide legal advice on eviction?

No. GetNyay provides drafting tools and general information, not legal advice. The notice you generate is a draft built from the details you enter; the grounds and notice period must match the rent law that applies to your tenancy and the terms of your own rent agreement.

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Escalation Path

  1. 1
    Serve eviction notice (Notice to Vacate) — Day 0
  2. 2
    Wait out the notice period — where section 106 applies, it runs from the day the tenant receives the notice
  3. 3
    If the tenant stays, file eviction proceedings: before the Rent Controller, Rent Court or Rent Authority where a State rent law applies, otherwise in the civil court
  4. 4
    Obtain eviction decree from court
  5. 5
    Execute decree through court bailiff for physical eviction

Important Disclaimer

GetNyay is not a law firm, not an advocate, and is not affiliated with any government body. We do not provide legal representation or guarantee complaint resolution. All information is for educational and self-help purposes only. Users are responsible for verifying final content before submission. Regulator contact details and timelines are informational — always verify at official government portals before relying on them.

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