Eviction Notice

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As the nomenclature may suggest, an eviction notice is a notice sent by a landlord to the tenant, demanding occupation. In other words, the landlord seeks to evict the tenant from the leased or rented property and reattain occupation and enjoyment rights. Such notice communicates the termination of tenancy agreement.

As per Indian Laws, an eviction notice must state and justify the reason for such eviction and also provide for reasonable time for compliance.


  1. Notice to Tenant: The eviction notice has to be filed and delivered via the court having jurisdiction. Such notice should mention the reason, time and date by which such eviction must take place.
  2. Eviction Suit: If the tenant defaults compliance to such eviction notice, the landlord can file an eviction suit with a civil court having appropriate jurisdiction. Subsequent to the proceedings, if it the court is satisfied, the tenant would be served a final eviction notice, failure of compliance to which could attract contempt of court proceedings and punishments.


It is difficult to serve and ensure compliance of eviction notice in cases where the deed or agreement is not registered.

Reasons for sending notice

  1. Default in payment of rent: If the tenant has not paid the rent, the landlord can justly evict such tenant. It may be noted that rent control laws of come states require the landlord to send demand notice, demanding due payments and it is only after completion of two months from the date the tenant received such notice, the landlord can serve an eviction notice. Such time period is also 15 days for some states.
  2. Violation or breach of agreement: If the tenant does not adhere to and breaches the terms and conditions mutually covenanted upon, in the rental or lease agreement, the landlord reserves a right to terminate such tenancy.
  3. Not vacating property after expiry of agreement: this is a situation wherein the tenant continues to possess and occupy the property even after the expiry of tenure mentioned in the rental or lease agreement.
  4. Damage to property: If the tenant has caused significant damage to the property or has made material alteration to the structure, the landlord has the right to evict such tenant.

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