Property & Tenancy

Legal Notice to Tenant for Unpaid Rent Format

A legal notice for unpaid rent demands that a tenant clear rent arrears within a set period and warns that default may lead to eviction and a recovery suit. In most States, a written demand for arrears is a precondition to seeking eviction on the ground of non-payment, and the period the tenant must be given depends on the State rent law.

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When to send this notice

Use this notice when a tenant has failed to pay rent for one or more months despite reminders. If you only want the money and the tenant can stay, demand arrears alone; if you also want possession, combine it with the eviction format so that the tenancy is properly determined. Check whether the premises are governed by a State Rent Control Act or by the Transfer of Property Act and the rent agreement.

Statutory basis

Where a State Rent Control Act applies, default in paying rent is usually a ground for eviction, but many Acts require the landlord first to serve a written demand and give the tenant a statutory period to pay — for example, the Delhi Rent Control Act, 1958 requires a notice of demand and allows the tenant two months. States that have adopted the Model Tenancy Act, 2021 framework have their own rules on arrears. Where no rent law applies, the tenancy can be terminated under Section 106 and Section 111 of the Transfer of Property Act, 1882 (a month-to-month tenancy needs 15 days’ notice), and arrears can be recovered in a civil suit within three years under the Limitation Act, 1963.

This format is a general drafting aid, not legal advice. Statutory timelines and wording vary by facts and jurisdiction — have it reviewed by a qualified advocate before you send it.
Copy-ready notice format
[ON THE LETTERHEAD OF THE ADVOCATE]

By Registered Post A/D & Email

Date: [DD/MM/YYYY]

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

Subject: Legal notice for payment of arrears of rent for [Premises Description] from [Month/Year] to [Month/Year].

Sir/Madam,

Under instructions from my client, [Landlord Name], of [Landlord Address], the owner and landlord of [Premises Description] (the "premises"), I serve upon you the following notice:

1. That you are a tenant of the premises under [rent agreement dated DD/MM/YYYY / oral tenancy] at a monthly rent of Rs. [Monthly Rent], payable on or before the [day] of each month.

2. That you have failed to pay rent for the months of [Month/Year] to [Month/Year], amounting to Rs. [Total Arrears], despite reminders dated [dates].

3. That [maintenance / electricity / water charges of Rs. ___ payable by you under the agreement also remain unpaid].

I therefore call upon you to pay the arrears of Rs. [Total Arrears] [and other charges of Rs. ___] within [fifteen (15) days / the period prescribed under the applicable Rent Act] of receipt of this notice.

Please take notice that if you fail to do so, my client shall [treat the default as a ground for eviction under the applicable rent law / determine your tenancy] and initiate proceedings for eviction and for recovery of arrears, mesne profits, interest and costs, at your risk. My client reserves the right to adjust the arrears against the security deposit in accordance with the agreement.

[Advocate Name]
[Enrolment No. / Contact]

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

How to send this legal notice

From draft to proof of delivery and the next legal step.

  1. Check the rent agreement, rent receipts and bank records to compute the exact arrears month by month.

  2. Identify whether a State Rent Control Act or the Model Tenancy Act framework applies, and its notice period for default.

  3. Draft the notice with the tenancy details, arrears, and the statutory or contractual period to pay.

  4. Serve it on the tenant at the premises by Registered Post A/D and email, and keep proof.

  5. Accept any payment by traceable mode and issue receipts.

  6. If the tenant still defaults, file for eviction and recovery before the Rent Controller, Rent Authority or civil court.

Frequently asked questions

How many months of unpaid rent allow eviction?

It depends on the State law. Some Acts treat failure to pay after a demand notice and a fixed grace period as default; others specify a number of months. Check the Act that applies to your premises.

Can I cut electricity or change the locks for unpaid rent?

No. Self-help such as cutting essential supplies, removing belongings or changing locks is unlawful in most cases and can expose the landlord to civil and criminal action. Use the legal process.

Can I deduct unpaid rent from the security deposit?

Usually yes, if the agreement allows adjustment of dues against the deposit. Keep a written account of the adjustment when the tenant vacates.

Related notice formats

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