Sending an eviction notice or letter is one of the first legal actions for a landowner for removing his/her tenant. In case the tenant fails to obey according to the notice, the landlord may file an eviction case in order to evict the tenant.
In India, there are a limited number of reasons for which a tenant can be evicted by the owner. These reasons may be different in different states, however, there is no harm in sending an eviction notice against the tenant. Eviction notice covers a deadline to pay rent or move out from the property, and it also includes the amount owed.
The landowner should have solid reasons to evict the tenant such as non-payment, making noise or health ordinances; violating lease agreement, personal necessity etc. landlord has to give evidence of any claim against the tenant.
The eviction notice (Notice to Quit) should be to the point, and accurate reason should be given for eviction, i.e. notify the tenant how he/she has broken the terms and conditions of the lease. The landlord should give at least15 days’ notice for the eviction of the property.
Eviction Notice generally includes the following:
· The offence (the reason for which landlord is giving the eviction notice)
· Signature of the landowner
· A time period to remedy the offence
· The date on which notice was served
In case, when the rent has not been paid for a number of months, without the court order landlord cannot:
· Physically evict the tenant
· Change the locks
· Lock the tenant out
· Shut off the utilities (such as water supply, light etc.)
Reasons for eviction of the tenant:
It is always recommended that hiring a lawyer for landlord-tenant disputes may be helpful if you’re unfamiliar with the laws, paperwork, or process required for settling a dispute.