LegalRepublic.in
[ Property format ]

Notice to Tenant to Vacate Format (Section 106 TPA Termination Notice)

Sections 106 and 111(h), Transfer of Property Act, 1882; the state rent control or tenancy law, where applicable

Free sample · Word, print and copy · Updated

Sample format, not legal advice. This is a sample format for general information. It is not legal advice and does not create a lawyer–client relationship. Facts, court practice, court fees and stamp duty differ by state and by case. Check the current law and your local court rules, or speak to an advocate, before you file, send or sign it.

A notice to tenant to vacate is a landlord's written notice that ends ("determines") a tenancy and asks the tenant to hand over vacant possession by a stated date. Under Section 111(h) of the Transfer of Property Act, a lease ends on the expiry of a notice to quit duly given. The notice is usually the first step before a suit for possession or an eviction petition.

Under Section 106 TPA (as amended in 2002), unless the contract, a local law or usage provides otherwise, a residential or commercial monthly tenancy can be ended by 15 days' notice, and a lease for agricultural or manufacturing purposes by six months' notice; the period runs from the date the tenant receives the notice. Where a state rent control or tenancy law applies, a tenant can be evicted only on the grounds and through the authority (Rent Controller or Rent Authority) that the law provides — the notice alone does not allow eviction. A landlord can never evict by force, cut utilities or change locks.

Sent by
Landlord or lessor (or through an advocate)
Sent to
Tenant(s) named in the rent agreement, at the rented premises
Law
Sections 106 and 111(h) TPA; state rent or tenancy law
Notice period
As per agreement; otherwise 15 days (monthly tenancy) or 6 months (agricultural/manufacturing) under Section 106; state law may differ
Stamp paper
Not needed
Mode
Speed Post / Registered Post with proof of delivery, or personal delivery with signed receipt; affixing at the premises if delivery fails

When to use this format

  • The fixed term in the rent agreement is ending or has ended and you want the premises back.
  • The tenant has not paid rent for several months despite reminders.
  • The tenant has sub-let, misused the premises, or made structural changes without consent, in breach of the agreement.
  • You need the premises for your own or your family's bona fide use, where the state rent law recognises this ground.
  • If the tenant wants a refund of the deposit after leaving, see the security deposit refund notice.

Notice to tenant terminating tenancy and asking to vacate

Open PDF

Replace everything in [square brackets] with your own details. Delete lines that do not apply.

Date: [DATE]

BY SPEED POST / REGISTERED POST AD AND BY EMAIL / WHATSAPP

To,
[FULL NAME OF TENANT]
[NAME OF CO-TENANT, IF ANY]
[FULL ADDRESS OF THE RENTED PREMISES WITH PIN CODE]

Subject: Notice terminating tenancy of [DESCRIPTION OF PREMISES, e.g. Flat No. [NUMBER], [BUILDING], [LOCALITY], [CITY]] and asking you to vacate

Sir / Madam,

1. I, [FULL NAME OF LANDLORD], S/o / D/o / W/o [NAME], R/o [LANDLORD'S ADDRESS], am the [OWNER / LANDLORD] of the premises described above (the "premises").

2. You are in occupation of the premises as my tenant since [DATE] under [A RENT AGREEMENT DATED [DATE] / AN ORAL ARRANGEMENT], at a monthly rent of Rs. [AMOUNT], payable on or before the [DAY] of each month, [AND A SECURITY DEPOSIT OF RS. [AMOUNT] PAID BY YOU]. The premises were let for [RESIDENTIAL / COMMERCIAL] purposes.

3. [STATE THE REASON — USE WHAT APPLIES, AND DELETE THE REST]
(a) The term of the tenancy under the agreement [EXPIRED / WILL EXPIRE] on [DATE], and I do not wish to renew it.
(b) You have not paid rent for the months of [MONTHS], amounting to Rs. [AMOUNT], despite my reminders dated [DATES].
(c) You have [SUB-LET THE PREMISES TO [NAME] / USED THE PREMISES FOR [PURPOSE] / MADE STRUCTURAL CHANGES BY [DETAILS]] without my written consent, in breach of clause [NUMBER] of the agreement.
(d) I require the premises bona fide for [MY OWN / MY FAMILY MEMBER'S] use because [REASON].

4. I hereby terminate your tenancy of the premises with effect from the expiry of [15 DAYS / ONE MONTH / THE NOTICE PERIOD OF [PERIOD] UNDER CLAUSE [NUMBER] OF THE AGREEMENT] from the date of receipt of this notice [OR: WITH EFFECT FROM THE END OF THE MONTH OF TENANCY ENDING ON [DATE]].

5. You are required to vacate the premises and hand over peaceful and vacant possession to me, along with all keys and the fittings and fixtures listed in the agreement, on or before [DATE].

6. You are also required to pay all arrears of rent of Rs. [AMOUNT], if any, and the electricity, water, maintenance and other charges up to the date of handing over possession, and to give me the final paid bills. [The security deposit of Rs. [AMOUNT] will be refunded at the time of handing over possession, after lawful adjustment of dues and the cost of repairing damage beyond normal wear and tear, if any.]

7. If you fail to vacate by the said date, you will be liable to pay damages for use and occupation (mesne profits) at the rate of Rs. [AMOUNT] per [DAY / MONTH] from the date of termination till you hand over possession, and I shall take legal proceedings for eviction and recovery of arrears and damages before the [CIVIL COURT / RENT CONTROLLER / RENT AUTHORITY], at your risk as to costs and consequences.

8. This notice is without prejudice to my other rights and remedies, all of which are reserved.

[SIGNATURE]
[FULL NAME OF LANDLORD]
[ADDRESS]
Mobile: [MOBILE NUMBER]
Email: [EMAIL]

[IF SENT THROUGH AN ADVOCATE: REPLACE PARAGRAPH 1 WITH "Under instructions from and on behalf of my client, [LANDLORD'S NAME] ..." AND ADD THE ADVOCATE'S NAME, ENROLMENT NUMBER AND SIGNATURE]

ACKNOWLEDGEMENT (if delivered by hand)
Received the original of this notice on [DATE] at [TIME].
Signature and name of tenant / recipient: [NAME]

How to fill it in

  1. Check which law governs the tenancyFind out whether your state's rent control or tenancy law applies to the premises (it may depend on the area, rent, date of construction or whether the tenancy is registered). If it applies, eviction must be on its grounds and before its authority.
  2. Read the rent agreementIf the agreement fixes a notice period or a fixed term, follow it. Section 106 TPA's 15-day and six-month periods apply only where the contract, local law or usage does not provide otherwise.
  3. Give a clear periodThe period runs from the date the tenant receives the notice. Give at least the required period, and a little more to be safe; a notice that falls short is not invalid if the suit is filed after the required period has expired (Section 106(3)).
  4. Name every tenantAddress the notice to all tenants named in the agreement. If the original tenant has died, address it to the legal heirs in occupation.
  5. State the reason accuratelyUnder the TPA a monthly tenancy can be ended without a reason, but under rent laws the ground matters. State the true ground with dates and amounts.
  6. Serve it properly and keep proofSection 106 requires the notice in writing, signed, and sent by post or delivered to the tenant or a family member or servant at the premises, or affixed there if that is not possible. Keep the postal receipt, tracking report and any signed acknowledgement.

Documents to attach

  • Copy of the rent agreement or lease deed, if any
  • Proof of ownership or landlordship (sale deed, property tax receipt, earlier rent receipts)
  • Statement of rent arrears with dates, if non-payment is a ground
  • Copies of earlier reminders
  • Postal receipts, tracking reports and acknowledgement (keep after sending)

If the tenant does not vacate

Do not use force, cut water or electricity, remove the tenant's belongings or change the locks — these can lead to criminal and civil liability. Where no rent law applies, file a civil suit for possession, arrears and damages for use and occupation (mesne profits). Where a rent law applies, file an eviction petition before the Rent Controller or Rent Authority on the grounds that law allows.

Where a lease for a fixed term ends by efflux of time, the Supreme Court in Sevoke Properties Ltd. v. West Bengal State Electricity Distribution Co. Ltd. (2020) held that a separate Section 106 notice is not needed, because the tenant then holds over as a tenant at sufferance. A notice is still advisable as a record of your demand.

Common mistakes

  • Assuming the notice alone entitles you to evict a tenant protected by a state rent law.
  • Giving a shorter period than the agreement or the law requires, then filing the suit too early.
  • Leaving out a co-tenant or the legal heirs who are in occupation.
  • Accepting rent for a period after the termination date without making clear it is only damages for use and occupation, which can be read as waiver of the notice.
  • Trying to evict by force, cutting utilities or changing locks.
  • Not keeping proof of delivery of the notice.

Frequently asked questions

How much notice must a landlord give a tenant?
First follow the rent agreement. If it is silent, Section 106 TPA provides 15 days' notice for a monthly tenancy for residential or commercial purposes, and six months' notice for agricultural or manufacturing leases. State rent and tenancy laws may provide different periods and procedures.
Can I evict a tenant after the notice period ends?
Only through the legal process. If the tenant does not leave, you must file a suit for possession in the civil court or an eviction petition before the Rent Controller or Rent Authority, depending on the law that applies. Self-help eviction is unlawful.
Do I need a reason to ask the tenant to vacate?
Under the TPA, a periodic tenancy can be ended by notice without a reason. Where a state rent control law applies, the landlord must prove one of the grounds it lists, such as non-payment of rent, sub-letting or bona fide need.
Is the notice valid if the period is a few days short?
Under Section 106(3) TPA, a notice is not invalid merely because the period mentioned falls short of the required period, provided the suit or proceeding is filed after the expiry of the required period.
Can the notice be sent by WhatsApp or email?
Section 106 TPA speaks of post or personal delivery or affixing at the premises. Send the notice by post with proof of delivery or deliver it by hand; email or WhatsApp can be used in addition as further proof.

Reminder: This is a sample format for general information. It is not legal advice and does not create a lawyer–client relationship. Facts, court practice, court fees and stamp duty differ by state and by case. Check the current law and your local court rules, or speak to an advocate, before you file, send or sign it. Spotted an error? Tell us.