CONTINUOUS ASSESSMENT TASK-I
DRAFTING PLEADING AND
CONVEYANCING
ASSIGNMENT-I
NOTICE OF EVICTION
SUBMITTED TO : SUBMITTED BY:
Ankit Paul Kaur Jyoti Mehmi
Assistant Professor of Law B.Com., Ll.B. (Hons.)
School Of Law L1703 A01
Lovely Professional University 11716098
INTRODUCTION TO NOTICE OF EVICTION
An eviction is the process of a landlord/owner officially removing a tenant from a residential
property. The landlord may desire to evict the tenant for a variety of reasons, including failure to
pay rent, failing to pay rent on time, breach of any condition of the rental/lease agreement,
termination of the lease period, and criminal activities.
Each state has its own set of land and property laws and procedures. While evacuating the tenant,
the landlord cannot just ask the tenant to leave the property; he must fulfill certain provisions and
procedures established by the state government. So, an eviction notice is a formal letter sent by a
landlord to a tenant stating a breach or termination of the rental agreement and requesting that
the tenant vacate/evict the property within a certain time frame.
The process starts with the landlord issuing a notice to the tenant to either resolve the issues or
leave the premises. If the terms were not decided upon, eviction proceedings can begin in court,
with both sides presenting their arguments. If the landlord succeeds at the end of the
proceedings, the renter must evict the property and return it to the owner.
The entire process of legally evicting a renter takes between one and three months, depending on
the circumstances. The entire procedure starts with the landlord submitting a legal notice to the
tenant and ends with the tenant being evicted from the property. However, if the matter is
critical, it may take more than three months to resolve.
TENANT EVICTION NOTICE
The Rent Control Act of 1948 in India specifies the rights of renters. A Rent Agreement is
written between the tenant and the landlord when land is leased to a renter. Despite the fact that
renters have rights that protect them from forced or unlawful eviction, the landlord can bring an
eviction suit on specific reasons. The landlord must first give a formal notice to the tenant before
initiating an eviction complaint.
ESSENTIALS OF NOTICE OF EVICTION
Because there have been instances where cases have been rejected simply due to mistakes in the
Eviction notice, correct drafting and inclusion of all important points in an Eviction notice is
critical. The eviction notice must include the following elements:
1. THE NOTICE
The notice must be in writing and signed by the landlord or the person issuing it, or on behalf of
the landlord or the person giving it.
2. THE LEGAL NOTICE WILL CONTAIN:
• The number of days within which the tenant has to vacate the property,
• The time and date on which the property should be vacated,
• The reason for eviction.
3. VALID REASON
The landlord cannot issue an eviction notice simply because he wants to; he must have a
good and legal reason for doing so. The cause for ordering the tenant to vacate the
premises must be reasonable and not based on a simple demand for more things. The
following are some of the most typical causes for eviction:
▪ Failure of the tenant to pay rent (not on time or at all): If the tenant is even 15
days late on their payment, the landlord has the right to evict them. If the tenant
does not pay the rent or vacates the rented premises, an eviction notice may be
issued.
▪ Damage to the landlord's property by the tenant: If the tenant damages the
landlord's property in any way, the landlord has the right to evict the tenant.
▪ Causing health or safety dangers on the lessor's property: The tenant must
exercise caution when doing anything on the rented property, and if he does
something that may endanger the landlord's or his family's health or safety, he
may be requested to leave.
▪ Violation of the conditions of the rental or lease agreement by the lessee: When
signing the contract, the tenant must follow by all of the provisions agreed upon
in the rental/lease agreement and must not do anything that is in violation of the
same.
▪ Tenant uses the property for illegal reasons: The tenant may be ordered to vacate
the premises if he uses it for illegal or non-agreed-upon purposes.
▪ If the owner has an immediate need for the property: The eviction notice might be
issued if the owner need the property for his personal use or if any of his family
members require it immediately.
The legal notice must be sent to the tenant through the landlord’s lawyer. The sufficient time
period must be given to the tenant to correct the issue. Likewise, if there the tenant has no paid
the rent amount then the tenant can pay the rent and can settle the matter.
4. TERMS OF THE NOTICE
The landlord has no legal authority to evict the tenant without cause. He can't even call
the police to have him thrown out. The landlord can be held liable in court if he uses
deceptive methods to evacuate the property, such as turning off the water or power
supply, throwing his goods out, or adopting punitive actions on his own.
A lease of immovable property that is renewed year after year is terminable after six
months notice, while a lease that is renewed month after month is terminable after fifteen
days notice, according to Section 106 of the Transfer of Property Act, 1882.
The landlord may give the tenant one to three months to quit the property, depending on
the reason, the relationship, and the length of time the tenant has been staying/using the
property. In the rarest of circumstances, it might last up to six months. Before the tenancy
is terminated, the tenant is given at least 21 days' notice, and in some cases 15 days if the
rent has not been paid for a lengthy time.
5. COMMUNICATION OF THE NOTICE
If there are one or more tenants, the notice must be addressed to all of them. The notice
can be delivered to the tenant either personally or through a servant. There is also the
option of submitting the notice by mail, which will be accepted under the Indian
Contracts Act, 1872.
The landlord can provide the notice himself, making sure to include all of the crucial
points required by the state's Rental Agreement and Tenancy Act, or he can hire a lawyer
to write it and serve it on the tenant.
6. ACCEPT OR REJECT
The renter has the option to work out a friendly solution with his landlord. If not, the
owner may serve him with an eviction notice, and it is up to the tenant to decide whether
or not to comply with the provisions of the eviction notice. If the notice is given by mail
and no answer is received, it may be assumed that the tenant is unwilling to accept the
owner's requirements.
If the tenant accepts the eviction notice, he must depart the premises within the specified time
frame; if he does not, the eviction process may proceed.
FORMAT OF NOTICE OF EVICTION
ADVOCATE OFFICE Address Ajwindra store, Goraya
Ref. No._05____ Dated:_08-09-2021_
REGISTERED A.D.
LEGAL NOTICE
To,
_Armaan singh_ Son of _Manjot Singh_
Resident of __Mohan Vihar, Atta__
Sir,
Under instructions from and on behalf of my client Mr. Gaggi Singh, S/o Gurwinder Singh ,
Resident of Palak Bazaar. Goraya, do here by serve upon the following legal notice-
1. That my client is the owner of Shop No. 07 Palak Bazaar.
2. That my client let out the shop, SCO No.07, measuring 90 sq.metres to you in the month of
July, on a monthly rent of 5000/- per month plus 500/- per month as maintenance charges.
3. You and my client entered into Rent Agreement on 07-07-2021 for the period of Six months.
4. That it was also settled between you and my client that in case you fail to pay the monthly rent
consecutively for a period of two months to my client, then my client shall be entitled to get the
rented premises vacated immediately and you would handover the actual physical possession of
the rented premises to my client.
5. That you have paid the rent of the rented premises to my client upto the 08-08-2021 and
thereafter you have not made any payment till date.
6. That my client demanded the rent due to him 5000/- per month for the months of two
amounting to 10,000/.
7. That as per the terms and conditions of the Rent Agreement, the said Rent Agreement was
executed for the period of only 4 months i.e. upto 3 and the period of tenancy has already been
completed, therefore, the Rent Agreement dated 07-07-2021 has expired. Now my client is not
interested in continuing with the tenancy and wants you to vacate the said premises.
I, therefore, through this legal notice call upon you to pay the due amount of rent 10,000/- along
maintenance charges and interest and vacate the premises of my client immediately, within 15
days from the date of receipt of this legal notice.
In case you fail to do so, then my client has given me clear instructions to file legal proceedings
against you in the competent court of law under the provisions of the Indian Contract Act and
other applicable laws. In that event you shall be fully responsible for all costs, risks and
responsibilities.
A copy of this legal notice is retained in my office for record and further necessary action.
Advocate.
Jot Kaur
Eviction Process
Following the filing of the lawsuit in court, the proceedings begin, which may take longer than
expected to conclude. Following the procedures, the court decides on the continued eviction
based on the facts and pleas of both parties. If the plaintiff (the landowner) wins, the court will
order the tenant to vacate the premises within a reasonable time, and if he does not, the police
will be called in to aid.
CONCLUSION
Renting an apartment, a house, or a piece of land is a common practise in our society, and it
benefits both the landlord and the tenant. However, there are times when the landlord becomes
dissatisfied with the tenant because he does not pay the rent or engages in illegal or dangerous
activities at the owner's property, and the owner may ask the tenant to vacate and return his
property to him. The dispute can typically be settled peacefully, but if not, the landlord will have
to resort to eviction to get rid of the tenant.
A legal notice is an important way for the parties to communicate with one another. A well-
drafted legal notice can help parties resolve their differences without having to go through the
formality of a formal legal procedure, saving time and money.
