Owning lots of houses and generating a good income from them is reasonable and lawful until you have to deal with a stubborn tenant. A landlord has the right to ask the tenant to vacate the premises. However, this should be done legally. In many cases, tenants do not cooperate and start threatening the landowner in return. For that matter, a landlord can take strict action against the tenant. In addition to this, the landowner should hire a lawyer for legal procedures. Keep reading this article to know how to send a legal notice to the tenant to vacate the premises and on what basis a landlord can ask the tenant to vacate the premises.
How to Send a Legal Notice to the Tenant to Vacate the Premises
If a landlord wants a tenant to vacate the premises, then, ideally, he has to send a legal notice to the tenant giving them at least 21 days of time to vacate the place. During the allotted time, a tenant has to search for a new place to live.
However, if a tenant is uncompromising and does not leave the place in the given period of time, then the landlord has every right to take strict action by filing a suit in court against the tenant. But a landlord has to send a legal notice to the tenant to vacate the premises first.
There is plenty of templates available in the online world. You can download those, and after filling in the required information, you can send it to the tenant. On the contrary, you can also get help from a legal advisor to draft a proper notice.
Source: MyAdo
Grounds on which a Landlord can Ask a Tenant to Vacate Premises
There are various circumstances, according to the Premises and Tenancy Act, under which a landlord can ask the tenants to vacate the premises.
1. When the tenant is not paying rent to the landlord.
2. When the tenant is subletting the property without the approval of the landowner.
3. When the tenant is not going according to the agreements done on paper.
4. A tenant intentionally or unintentionally is trying to degrade the value of the property.
5. A tenant is using the residential property as a commercial property without the written or oral approval of the landowner.
6. When the tenant is using the property for illegal purposes.
7. When a tenant is ruining the peace of neighbors, they ask the landowner to remove them.
8. If the tenant has other premises in other regions or states for more than four months.
9. When the tenant, without the consent of the landowner, renovates the property.
10. Landowners can also ask tenants to vacate the premises for their or their family’s purpose.
11. If the property is going to get demolished.
12. A landowner can ask the tenant to vacate the property if there is a need to perform some construction on the property. However, a tenant can come back under this category once everything is settled.
If landowners find themselves in the position mentioned above, they can hire a lawyer and send a well-drafted legal notice to the tenant. Having a lawyer creates a positive impression on tenants, and they fear that the matter could go to court. On the contrary, if the tenant is not ready to leave the place, after consulting your lawyer, you can file a suit in court.
To Summarise
This article has discussed how to send legal notices to your tenant to vacate the premises. The procedure for sending a legal notice is simple. However, whether you will have to take more actions against the tenant will depend entirely on how cooperative your tenant is. If the tenant cooperates with you, it is exemplary; if not, you can file a suit against them. Here, you must remember that you must have a genuine reason while asking the tenant to vacate the premises, as the Indian constitution also gives some rights to the tenant.
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