Property & Tenancy

Eviction Notice to Tenant (Notice to Quit) Format

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An eviction notice, or notice to quit, is a written demand asking a tenant to vacate a rented premises. For a month-to-month tenancy, Section 106 of the Transfer of Property Act, 1882 requires at least 15 days’ notice ending with the tenancy month. State Rent Control Acts may impose additional grounds and protections.

When to use this notice

Use this notice to lawfully terminate a tenancy and ask the tenant to hand over vacant possession — for reasons such as expiry of the lease, non-payment of rent, breach of terms, or bona fide personal requirement. A valid notice to quit is generally a precondition to filing an eviction suit.

Statutory basis

Section 106 of the Transfer of Property Act, 1882 governs the duration and termination of leases in the absence of a contract: a lease of immovable property for a purpose other than agriculture/manufacture is deemed month-to-month, terminable by 15 days’ notice. Where a State Rent Control Act applies, eviction is permitted only on the specified statutory grounds (such as default in rent, subletting, or bona fide requirement), which override the general TP Act position.

Copy-ready notice format

Replace every [placeholder] with your own details before use.

[ON THE LETTERHEAD OF THE ADVOCATE]

By Registered Post A/D & Email

Date: [DD/MM/YYYY]

To,
[Full Name of Tenant]
[Tenanted Premises Address]

Subject: Notice to quit and vacate the tenanted premises at [Address].

Sir/Madam,

Under instructions from my client, [Landlord Name], of [Landlord Address], owner/landlord of the premises described above, I serve upon you the following notice:

1. That you are a tenant in respect of the said premises on a monthly tenancy at a rent of Rs. [Amount] per month.

2. That [state ground, e.g. you have defaulted in payment of rent since (month/year) / the tenancy is hereby terminated / you have breached (clause)].

3. That my client no longer wishes to continue the tenancy and hereby terminates it.

I therefore call upon you to vacate and hand over peaceful vacant possession of the said premises, along with all arrears of rent up to the date of handover, within fifteen (15) days of receipt of this notice / by the expiry of the tenancy month, failing which my client shall be constrained to initiate eviction proceedings before the competent court at your risk, cost, and consequences.

[Advocate Name]
[Enrolment No. / Contact]

How to send this legal notice

  1. Confirm the tenancy type and whether a State Rent Control Act applies to the premises.
  2. Identify a lawful ground — lease expiry, rent default, breach, or bona fide requirement.
  3. Draft the notice giving the statutory notice period (at least 15 days for a monthly tenancy) ending with the tenancy month.
  4. Clearly demand vacant possession and any arrears of rent.
  5. Serve it by Registered Post A/D and email, preserving proof of dispatch and delivery.
  6. If the tenant does not vacate, file an eviction suit before the competent civil court or rent authority.

Frequently asked questions

For a month-to-month tenancy, Section 106 of the Transfer of Property Act, 1882 requires at least 15 days’ notice expiring with the end of the tenancy month. A State Rent Control Act or the lease deed may prescribe a longer period.

No. A landlord cannot forcibly evict a tenant or take self-help possession. If the tenant does not vacate after a valid notice, the landlord must obtain an eviction decree from the competent court or rent authority.

Yes. Where a State Rent Control Act applies, eviction is permitted only on the specific statutory grounds it lists, and the case is usually filed before the designated rent court rather than an ordinary civil court.

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