Property and injunctions

Eviction notice format for a tenant

How a landlord's eviction notice is drafted in India: the notice period, the grounds available under State rent legislation, and what must be established before an eviction petition.

An eviction notice is the landlord's written demand terminating the tenancy and calling upon the tenant to vacate. Where the tenancy is governed by the Transfer of Property Act, 1882, Section 106 requires fifteen days' notice for a month-to-month tenancy expiring with the end of a month of the tenancy. Where State rent control legislation applies, eviction is possible only on the grounds that legislation specifies, such as wilful default in payment of rent, subletting without consent, the landlord's own requirement, or material alteration, and the eviction petition goes to the Rent Controller or the authority the State Act designates.

Governed by
  • Section 106, Transfer of Property Act, 1882
  • Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017
  • Kerala Buildings (Lease and Rent Control) Act, 1965
  • The rent legislation of the State in which the premises are situated
Where it is filed
The notice itself is served on the tenant. The eviction proceeding goes to the Rent Controller or Rent Court designated by the State Act, or to the civil court where no rent legislation applies.
Who files it
The landlord, or a co-owner with the consent of the others, through an advocate.
Time limit
The notice period prescribed by Section 106 of the Transfer of Property Act, 1882 or the State rent legislation, whichever governs the tenancy.

What a eviction notice must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Parties and premises

    Landlord, tenant, and the premises described with door number, extent and boundaries.

  2. 2.The tenancy

    How the tenancy arose, the rent, the date on which it is payable, the period of the tenancy, and whether it is registered under the applicable State Act.

  3. 3.Ground for eviction

    The specific ground: arrears of rent with a month-wise statement, subletting with particulars of the sub-tenant, the landlord's own requirement with the facts supporting it, or damage to the premises.

  4. 4.Termination

    An express termination of the tenancy with effect from the end of the notice period, computed to expire with the end of a month of the tenancy where Section 106 applies.

  5. 5.Demand

    Payment of arrears with a working, and delivery of vacant possession on the stated date.

  6. 6.Consequence

    That an eviction petition and a claim for arrears and damages for use and occupation will follow.

Mistakes that get this document returned

  • A notice period that does not expire with the end of a month of the tenancy, where Section 106 applies.
  • Not stating the arrears month by month, so the tenant can dispute the figure.
  • Relying on a ground that the applicable State rent legislation does not recognise.
  • Serving on the sub-tenant only, without serving the tenant on record.
  • Ignoring the mandatory registration of the tenancy agreement required by the State Act, which can affect the remedy available.

Frequently asked questions

How much notice must a landlord give a tenant in India?

Under Section 106 of the Transfer of Property Act, 1882, fifteen days' notice for a month-to-month tenancy and six months for a year-to-year lease of immovable property for agricultural or manufacturing purposes. Where State rent legislation applies, that Act governs.

Can a tenant be evicted for non-payment of rent?

Yes. Wilful default in payment of rent is a ground for eviction under most State rent legislation, and the tenant is ordinarily given an opportunity to deposit the arrears before an eviction order is passed.

Is a rental agreement required to be registered in Tamil Nadu?

The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 requires tenancy agreements to be registered with the Rent Authority, and prescribes a period within which the registration must be effected.

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Related formats

Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.