LEGAL NOTICE FORMAT : TO EVICT THE TENANT

An eviction notice is a letter dispatched with the aid of  Owner of the land/Building to a tenant to tell them that they ought to restore sure trouble or vacate the assets inside a sure variety of days. 

If the tenant is uncooperative and does not want to settle the dispute peacefully and does not even agree to vacate the land, the landlord/Owner can issue an eviction notice. 

Not only a tenancy of temporary term but also of fixed-term can be challenged and determined by the eviction notice.

Reason For eviction notice?     

·      Rent not paid  

·      Subletting

·      Damaging the property

·      Self–use

·      Commercial use


3 Main Procedure 


·  Firstly, the owner must send an eviction notice before 30 days of filing the suit

 

· Secondly, on the refusal of the tenant, the petition will be filed, drafted, and shared after reviewing the same and approved within 7 days. The owner is required to print the draft and sign and send it via courier/post for Acknowledgement 

 

· Thirdly, the case will be filed before the civil court within 3 days as the signed document is being received.


Drafting Criteria : 


  • Addresses of the rental property,
  • Address of the owner,
  • The tenant name (the one who pays the lease or everyone who has occupied),
  • Status of the hire,
  • Date of hire,
  • The reason that the notice is being served (the cause for the eviction will country the form of being aware this is being produced),
  • Date when the landlord signs the notice,
  • Proof of service.

 

LEGAL DRAFTING FORMAT FOR EVICTION


(On the letterhead of the advocate)

NOTICE FOR EVICTION OF THE LEASE PROPERTY THROUGH ADVOCATE

(SECTION 106 OF THE TRANSFER OF PROPERTY ACT, 1882)

 

REGD A/D / U.P.C.

Dated………

 

To ……………………..(RESPONDENT NAME)

Address (RESPONDENT ADDRESS)

 

Sub: NOTICE UNDER SECTION 106 OF THE TRANSFER OF PROPERTY ACT, 1882 FOR EJECTMENT 

 Dear Sir, 

 I am issuing this Legal Notice as per instructions of my client Sh. ……S/O……R/O….(hereinafter referred to as “my client”), I serve you with the following notice : 

 1. That the house bearing no…….situated at…..in……city is owned by my client. That you approached my client and requested my client to give the said property on lease to you. 

2. That my client has inducted you as the tenant in respect of the said property. That the agreed monthly rent for the said property is Rs……..per month. 

3 I hereby call upon you to quit, vacate and deliver quiet and peaceful possession of the demised premises on or before the ………………….. day of …………………., 202_,.


4. On and from the 1st of…..(month next following the last day of the month on which the tenant is required to quit) the tenancy hereto shall terminate and all relationship of landlord and tenant between my client and you shall absolutely cease. 

5. You are requested to deliver vacant possession of the said premises unto my client on that date as stated above. 

6. In case failing, my client will file a suit against you for recovery of possession of the demised premises and for damages, further you will be considered as a trespasser and ejected in due course of law and you will have to pay damages at rate of Rs………..per day until you are evicted. 

 A copy of this Notice is kept in my office for record and further necessary action and you are also advised to keep the copy safe as you would be asked to produce in the court.

ADVOCATE


THANK YOU !!! GOOD DAY !!!