In the present times renting is a very common service available throughout India. However, it is not a very easy task for both the parties including the landlord and their tenants, to cope up with the challenges involved.
To deal with such rental issues we have some legal laws and regulations that maintain mutual agreement among the two parties in a healthy and official way.
The Uniform Residential Landlord Tenant Act 1872, offers great help to the landlords in case of probable disagreements or inconvenience during the process of renting.
Officially, the landlord of a property is given some legal rights according to which he/she can ask the tenant to vacate the rented property or begin with an eviction process.
An eviction notice is a legal document that is drafted according to the landlord in order to eject the tenant from his/her premises. This process is known as eviction, which begins with the delivery of an eviction notice.
However if the terms and conditions mentioned in notice are somehow not agreed upon or settled among the parties, the situation would then be taken forward in a law courtroom.
Here, both the tenant and the landlord can put forth their grievances or issues which will then be resolved legally.
In the lawsuit, if the proceeding outcome favours the landlord, the tenant will have to vacate the rented place accordingly.
An eviction notice comes into the play when the tenant does not agree upon vacating the place as asked by the landlord.
This dispute is best resolved with legal proceedings that might include an eviction notice. It does not only state temporary terms, but can also claim a fixed or permanent term.
A proper and valid eviction notice drafting is of utmost importance as there have been situations and cases where the only reason for dismissal of suits was an improper or invalid eviction notice.
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A few of the most essential points or elements related to an eviction notice are:
1. Valid eviction papers with signatures
There should be written proof of the eviction notice which must be signed by the landlord or the person giving it to the tenant.
2. Justified reason
An eviction notice cannot be solely based on the landlord's choice with an invalid reason. It must have justified reason that might include:
3. More than one owners
In case the rented property is owned by more than one owner, any one of them can legally draft or issue an eviction notice. However, the reason must be justified and valid enough.
4. Group of lessors
If the rented property has more than one lessor, the agreement of each one of them is important.
If an eviction notice is issued by any ONE of the joint lessors, it will not be valid or applicable legally. The signatures of all the lessors involved in the group is a must to approve an eviction notice.
The notice should further include the line ‘we give you the notice’ to exhibit the consent of all the lessors.
5. Valid terms and conditions in the notice
An adequate amount of time must be given to the tenant to vacate the place. It might also be mentioned in the rent agreement previously established.
In case it is not, then sufficient time will be given for vacating after which the tenant will be liable in the court of law.
However, if the landlord forcefully tries to evict the tenant, it can be legally mentioned after which the landlord might have to suffer the consequences.
6. Delivery mode of the eviction notice
The notice drafted must be delivered to all the tenants involved, in case more than one. It can be either given by the landlord with an explanation of all the important points included or could also be posted or handed over by a lawyer.
7. Acceptance or denial of the tenant
The disagreement leading to an eviction notice may or may not not be resolved by both the parties on a personal account.
However, the tenant may also decide on disagreeing with the terms mentioned in the notice. In case there is no response to the posted eviction notice, it is presumed to be not accepted by the tenant or exhibits his/her disagreement.
On the other hand, if the tenant accepts the same he/she will have to vacate the place within the mentioned time on the paper.
So finally, if you wish to draft an eviction notice, you can find several professional lawyers for consultation at Insaaf99.com based on your needs and preferences.
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