Legal Documents & Contracts
Know All About Lease Deed in India
When the owner of an asset, usually property or vehicles, lends it to another person for use, they enter into a ‘Lease Deed’ to set out the terms of the exchange.
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Notice to Vacate Tenant
The written notice asking a tenant to leave by a date. It is the first step and not the last one. A tenant who stays can only be removed through a court.
- Your lease deed read first, so the notice period is the right one
- The date to vacate, the reason and the dues all stated clearly
- Sent by a route that proves the tenant received it
- Drafted for a landlord or for a tenant, whichever you are
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What a notice to vacate is
A written notice requiring a tenant to vacate a rented property within a stated time.
A notice to vacate is a document giving legal notice to the tenant of a rented or leased property to vacate the premises within a stipulated time. A landlord may also ask a tenant to vacate part of a property, or vary the terms, stating their reasons for doing so, as the lease agreement allows.
It has to be in writing to have legal validity in a dispute. It can be printed on plain white paper and signed by the party giving it, and delivered in person or by email, though registered post is what proves it reached the intended recipient, and that proof is the point.
Either side can give one: a landlord to end the tenancy, a tenant to say they are leaving. They are different documents. A landlord’s notice has to be right about the notice period and the reason, because it is the document a court will look at first.
- Given by
- Either party
- Landlord or tenant
- Given to
- The other party
- Notice period
- From the lease deed
- And the state’s rent law
- Must be
- In writing
- On
- Plain paper
- Send by
- Registered post
- So delivery can be proved
- It is not
- An eviction order
- That needs a court
Why have it drafted
- Your lease deed read before anything is written
- The notice period taken from the deed rather than assumed
- The reason and the date stated in terms a court can work with
- Advice on what to do if the tenant does not leave
- Thousands of customers served across every state in India
What the drafting covers
- A consultation call about the tenancy and why you want it to end
- Your lease deed read, and the correct notice period established from it
- A notice drafted from scratch, with the date, the reason and the dues
- Guidance on delivering it so that service can be proved
- Advice on the route to take if the tenant stays past the date
Drafted for the landlord or for the tenant. They are different documents and it is worth saying which you are on the call.
Before you send it
Read the deed first
The notice period comes from the lease, and in some states from the rent legislation as well. Giving less notice than the deed requires is what invalidates an otherwise good notice.
Give the reason
End of term, a breach, or the landlord requiring the premises. A notice with no reason is harder to rely on, and in some states a ground has to be made out.
Deal with the deposit
Say what will be deducted and when the balance comes back. Most disputes that follow a notice to vacate are actually about the deposit.
Never take matters into your own hands
A notice is not an eviction. Changing the locks, removing belongings or cutting off the water or power is unlawful, and it turns a straightforward possession matter into one where the landlord is the wrongdoer.
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How much notice do I have to give?
Whatever the lease deed says, and whatever the rent legislation of your state requires, whichever is longer.
It is the first thing checked on the call, because a notice giving too little time achieves nothing except to warn the tenant.
What if the tenant does not leave?
A notice is not an eviction order. If the tenant stays past the date, the route is a suit for possession before the appropriate court or rent authority.
What you must not do is act on your own: changing the locks, removing their belongings or disconnecting the utilities is unlawful and puts the landlord in the wrong.
Can I send it by email or WhatsApp?
It has to be in writing, and email is writing. What email does not always give you is proof that it reached the tenant, which is what matters in a dispute.
Send it by registered post as well. Belt and braces here costs very little.
Can a tenant give a notice to vacate?
Yes. A tenant leaving gives notice under the same clause of the deed, and it is a shorter and simpler document.
Tell us which side you are on and we will draft accordingly.
Do I have to give a reason?
Where the tenancy is simply ending at the end of its term, the term is the reason. Where you are ending it early, the ground has to come from the deed or from the rent legislation, and it should be stated.
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With the right notice period, and proof that it was delivered.
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