Property & Tenancy

Eviction Notice to Tenant (Notice to Quit) Format

An eviction notice, or notice to quit, is a written demand asking a tenant to vacate a rented premises. For a month-to-month tenancy, Section 106 of the Transfer of Property Act, 1882 requires at least 15 days’ notice, counted from the date the tenant receives it. State Rent Control Acts may impose additional grounds and protections.

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When to send this notice

Use this notice to lawfully terminate a tenancy and ask the tenant to hand over vacant possession — for reasons such as expiry of the lease, non-payment of rent, breach of terms, or bona fide personal requirement. A valid notice to quit is generally a precondition to filing an eviction suit.

Statutory basis

Section 106 of the Transfer of Property Act, 1882 governs the duration and termination of leases in the absence of a contract: a lease of immovable property for a purpose other than agriculture/manufacture is deemed month-to-month, terminable by 15 days’ notice running from the date of receipt (Section 106(1) and (2), as substituted by the Transfer of Property (Amendment) Act, 2002; the old requirement that the notice expire with the end of a tenancy month was removed). A notice is not invalid merely because the period stated falls short, if the suit is filed after the statutory period expires (Section 106(3)). Where a State Rent Control Act applies, eviction is permitted only on the specified statutory grounds (such as default in rent, subletting, or bona fide requirement), which override the general TP Act position. The Model Tenancy Act, 2021 is only a model law circulated by the Centre; it governs a tenancy only where the State has enacted its own law based on it.

This format is a general drafting aid, not legal advice. Statutory timelines and wording vary by facts and jurisdiction — have it reviewed by a qualified advocate before you send it.
Copy-ready notice format
[ON THE LETTERHEAD OF THE ADVOCATE]

By Registered Post A/D & Email

Date: [DD/MM/YYYY]

To,
[Full Name of Tenant]
[Tenanted Premises Address]

Subject: Notice to quit and vacate the tenanted premises at [Address].

Sir/Madam,

Under instructions from my client, [Landlord Name], of [Landlord Address], owner/landlord of the premises described above, I serve upon you the following notice:

1. That you are a tenant in respect of the said premises on a monthly tenancy at a rent of Rs. [Amount] per month.

2. That [state ground, e.g. you have defaulted in payment of rent since (month/year) / the tenancy is hereby terminated / you have breached (clause)].

3. That my client no longer wishes to continue the tenancy and hereby terminates it.

I therefore call upon you to vacate and hand over peaceful vacant possession of the said premises, along with all arrears of rent up to the date of handover, within fifteen (15) days of receipt of this notice [or such longer period as the lease deed or applicable rent law requires], failing which my client shall be constrained to initiate eviction proceedings before the competent court at your risk, cost, and consequences.

[Advocate Name]
[Enrolment No. / Contact]

Replace every [placeholder] with your own details before use.

How to send this legal notice

From draft to proof of delivery and the next legal step.

  1. Confirm the tenancy type and whether a State Rent Control Act applies to the premises.

  2. Identify a lawful ground — lease expiry, rent default, breach, or bona fide requirement.

  3. Draft the notice giving the statutory notice period (at least 15 days from receipt for a monthly tenancy, or longer if the lease or rent law requires).

  4. Clearly demand vacant possession and any arrears of rent.

  5. Serve it by Registered Post A/D and email, preserving proof of dispatch and delivery.

  6. If the tenant does not vacate, file an eviction suit before the competent civil court or rent authority.

Frequently asked questions

How much notice must a landlord give to evict a tenant?

For a month-to-month tenancy, Section 106 of the Transfer of Property Act, 1882 requires at least 15 days’ notice, counted from the date the tenant receives it. A State Rent Control Act or the lease deed may prescribe a longer period.

Can a tenant be evicted without a court order?

No. A landlord cannot forcibly evict a tenant or take self-help possession. If the tenant does not vacate after a valid notice, the landlord must obtain an eviction decree from the competent court or rent authority.

Does a Rent Control Act change the eviction process?

Yes. Where a State Rent Control Act applies, eviction is permitted only on the specific statutory grounds it lists, and the case is usually filed before the designated rent court rather than an ordinary civil court.

Related notice formats

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