How to evict a tenant from the property by sending a Legal Notice -

How to evict a tenant from the property by sending a Legal Notice

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If one owns extra houses and earns rental income out of those houses, then it’s regarded as a way of passive income. Nonetheless, if the right steps aren’t taken, this extra income source may turn out to be nightmarish and even more so if one had to deal with careless tenants.

Legal notice of vacating house property from the landlord to the tenant is an opportunity of evicting the tenant. After receiving the legal notice, the tenant starts looking for a new place to stay. Legal notice to the tenant for vacating is a circumstance where a tenant gets a reasonable time to vacate the house on rent and look for a new one.

What is the need to send notice to vacate the premises?

In India, an eviction notice is a formal intimation for the tenant to vacate the rented property.

The situation gets more detrimental for a landlord if the tenant intentionally or is intent on stubbornly holding on to his/her property and staying put. Such incidents are quite common in India. The tenant forcibly takes possession of the property, which provokes the landlord to file a lawsuit to evict the tenant. However, before filing an eviction case, firstly the landlord ought to send notice to the tenant for vacating the premises.

Sometimes, evicting the tenant even after intimating that the tenant should vacate the apartment or flat is a hassle of sorts. In such a situation, the landlord could take advice from an expert advocate to evict the tenant after fulfilling all the criteria of the notice. Hence, sending a tenant eviction notice drafted by a professional lawyer is imperative.

How should the property owner or landlord deal with the tenant?

  • In case the landlord wants to reconstruct his property, then he can ideally send a letter or legal notice for vacating the property premises to the tenant. The landlord is the owner of the land or property and hence, can rightfully claim his property, after giving a reasonable time to the tenant to vacate the property.
  • While it’s not compulsory, intimating a tenant to vacate the property through eviction notice but it is the acceptable protocol of informing the tenant of the fact that the landlord plans on evicting the tenant.
  • Notice of eviction to the tenant is a type of evidence in the Court of Law that the tenant did get enough time to make alternative arrangements in the interim period and move out.
  • Sometimes, circumstances arise where properties are on lease for long term lease agreements. However, the tenant ought to vacate it before the end of the lease term. In this situation, the landlord would typically send a notice of lease termination to the tenant, and also the tenant would have to vacate the property within a reasonable time.

Read More: Legal Remedies for Landlord- How to evict a tenant from Rented Property?