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An eviction notice is a notice issued by the Lessor to the lessee, or vice versa, communicating his decision to terminate the lease agreement entered between them. This notice can be issued prior to the expiry of the lease or on its expiry. It is issued for the protection of the interests of Lessor and the lessee.
An eviction notice is a mandate of law in India for both residential and commercial property. Section 106(1) of the Transfer of Property Act, 1882 dictates a mandatory notice period for the termination of lease agreement, so as to provide the lessee with adequate time to vacate the property or raise objections against such eviction, if any.
Frequently Asked Questions
1. What if the notice period is not mentioned in the agreement?
Section 106(1) of the Transfer of Property Act 1882 provides that in the absence of a notice period in the lease agreement or a similar agreement, a notice period of 15 (fifteen) days is mandatory. Where a commercial property is being used for manufacturing or agricultural activities, the notice period shall be 6 (six) months.
2. Will a notice be required if there is no written rent/lease agreement?
In the absence of a written agreement, it is mandatory under section 106(1) of the Transfer of Property Act, 1882 to provide a 6 (six) months’ notice where an immoveable property is involved in manufacturing or agricultural activity and a 15 (fifteen) day notice where the property is leased for any other purpose.
3. What is the effect of non-issuance of eviction notice?
An eviction notice is a prerequisite under the applicable laws for eviction of a lessee. Any suit filed for repossession of property in the absence of such notice maybe liable for dismissal if an eviction suit is filed prior to expiry of the lease agreement.
4. Who should send the eviction notice?
An eviction notice should be sent in the name of the property owner. Where there are co-owners, any one may unilaterally opt to send the notice. In case of a Hindu Undivided Family (HUF), an eviction notice can be sent in the name of the Karta.
5. Would an oral eviction notice suffice?
While an oral notice is sufficient, it is advisable to send a written notice through a licensed advocate, as it would otherwise be very difficult to prove the presence and establish the contents of such oral notice, in case a litigation issue arises and would unnecessarily prolong the process.
6. Can the Lessor collect rent for the duration of the notice period?
The Lessor is permitted under law to collect the rent during the notice period and may continue to collect it after the termination of the lease agreement if the lessee has not vacated the premises.