This article has been written by Tapasya Bhatia a second-year law student from PSIT, College of Law. The article has been edited by Khushi Sharma (Trainee Associate, Blog iPleaders).
Table of Contents
Introduction
A tenant eviction notice is basically a legal document in the form of a notice indicating stipulated time in which the tenant should vacate the leased premise it is given by the landlord to the tenant.
What is an eviction?
The period eviction refers back to the civil system via means of which a landlord can also additionally legally cast off a tenant from their condo assets. Eviction can also additionally arise whilst the tenant stops paying lease, whilst the phrases of the condo settlement are breached, or indifferent conditions accredited via way of means of law.
An eviction is the courtroom docket-ordered elimination of a tenant from the assets wherein they reside. A landlord can also additionally determine to evict a tenant for non-charge of lease, damages, unlawful activity, violating the phrases of the hire, or if the owner desires to take ownership of the assets.
What is an eviction notice?
An eviction notice is a letter dispatched with the aid of a landlord to a tenant to tell them that they ought to restore sure trouble or vacate the assets inside a sure variety of days.
In a few instances, the owner can also additionally accept as true that the hassle isn’t fixable and ship what’s called an incurable eviction be aware. In this case, the tenant has no desire however to vacate the assets inside a sure variety of days.
It has been held in the case of Achintya Kumar Saha v. Nanee Printers (2004, SCC 368) that; herein view of the rent control laws and the concept of statutory tenancy evolved in the respect of urban building it is now generally necessary to determine tenancy by a notice to quit before claiming ejectment on grounds admissible under such laws.
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 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.
When to send an eviction notice?
- Rent not paid: A landlord can evict a person for non-payment or delay of a month or two depending on how long the tenant has been living in the property.
- Subletting: A landlord can evict a person when he rented his property for one person and the tenant added two more tenants and started taking rent would be a serious reason for filing an eviction notice.
- Damaging the property: If the tenant has seriously damaged the property and is unwilling to pay for the damages, the landlord may evict them.
- Self–use: If the owner needs the premises for his purpose or the purpose of his family members.
- Commercial use: If the owner needs the premises to run the business using their own property he may send an eviction notice.
Procedure to evict the tenant
In the judgment of the case Narayan v. Kunbhan Mannadiar it was held that the landlord cannot issue the notice of eviction just because he wants to but only if has a valid and legal reason. The reason to ask the tenant to get out from the place must be a justifiable reason and must not be derived from a mere demand for more possessions.
For sending an eviction notice to the tenant there is some essential step followed during the course of sending notice:
Step 1
Firstly, the owner must send an eviction notice before 30 days of filing the suit. A checklist of documents consisting of a serious, valid, legitimate reason for issuing such a notice. The owner will be required to send scanned copies of documents for verification by the lawyer. The notice must be framed in a way that reflects the clear issue and stipulated time that the tenant is legally bound to do so.
Step 2
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.
It has been held in the case of Munisami Naidu v. C. Ranganathan, AIR 1991 SC 492 the Board was entitled to institute proceedings against the tenant as the notice period had expired. Similar was the case in Vasant Kumar Radhakishan Vora v. The Board of Trustees of the Port of Bombay, AIR 1991 SC 14 where the plaintiff sued the defendant for not conforming to the eviction notice.
Step 3
Thirdly, the case will be filed before the civil court within 3 days as the signed document is being received. Thereafter the lawyer will present the argument before the court and after all hearing and argument evidence presented. Court gives the judgment in favour of any party and the final decision has to be followed by the parties.
Procedure to evict a tenant under the Uniform Residential Landlord-Tenant Act (URLTA), 1872
The landlord can evict a tenant under the Uniform Residential Landlord-Tenant Act (URLTA),1872 through the way of eviction notice as prescribed under the Act. Under Section 12 of the Uniform Residential Landlord-Tenant Act (URLTA),1872 it talks about eviction notice i.e a formal written letter sent by the landlord to the tenant to evict a person by communicating the termination of the Tenancy Agreement.
It was held in the case of Achintya Kumar Saha v. Nanvee Printers it was held that according to the Indian Rental Laws, 1948 the rights of the landlord to evict their tenants are subject to providing the justified reasons for such actions.
What information does the eviction notice include?
An eviction letter must consist of all the specified information of the tenancy agreement, the name of both the parties, the purpose of the notice must be specified and how long the tenant may have to address the issue before any further legal measures are taken.
There are the following details that are covered under the notice:
- 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.
Conclusion
Renting an apartment, house or property is a common practice in our society and is beneficial simultaneously for both the owner and the tenant. But there are also cases where the landlord gets tired of the tenant as he does not pay the rent or sorts to some unlawful or hazardous activities at the premises and hence the owner asks the tenant to leave the premises and restore his property back.
Dispute between landlord and tenant can be settled peacefully but in some cases, if the tenant refuses to do so the landlord has to file an eviction notice for the further process.
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