How to Write the Best Legal Notice to Vacate Rental Properties
Writing a legal notice to vacate rental properties is often seen as an effective method to vacate the tenants. But how can this notice help you get or give away the possession of the property?
Table of Contents
Introduction:
Buying and renting a property is often seen as a stable source of cash flows. What looks like a quick and steady income may soon turn quarrelsome and a reason for unrest between both the tenant and the landlord.
The Rent Control Act deals with all the rent-related problems and rules in India. It has caused lots of redundancy in the real estate arena. The Act was not updated or amended after its inception in 1948. However, this Act protects the rights of both the landlord and tenant.
The Act ensures the rightful termination of tenancy for a legal and peaceful handover between tenant and owner. This Act has covered most problems faced by land users and rent payers. Although, no Act can save either party if sufficient documentation is not presented in the court. That is why it is necessary to ensure that both admission and eviction to the property comply with all rules and regulations.
What is Rental Property Vacancy Notice?
A notice to vacate rental properties is sent to the tenant by the landlord or vice versa. It is sent to state their intent to vacate the property. An owner has all rights over his land, flat, building, bungalow, condo, or apartment, even if he has rented this property to the tenant. The owner can regain possession of his property, as stated in the document, after sending a 30-day, 60-day, or 90-day notice to the tenant. The tenant gets reasonable time to reallocate his belongings.
The tenant, too, can send a rental property vacancy notice to his landlord. The notice helps the landlord to arrange the maintenance work and find a new tenant.
Who Can Send a Notice to Vacate Rental Properties?
There are various scenarios in which a tenant or landlord can send a legal notice to vacate rental properties. Some of them are:
1. Landlord to Tenant:
Written Cause Notice to Vacate
This type of notice is given by the landlord if the tenant fails to follow his part of the contract. This type of notice usually acts as a warning to the tenant. General cases where the landlord sends a written cause notice to vacate the property are:
Failure to pay rent
If the tenant fails to pay rent on a timely basis, the owner may send him a written cause notice to vacate the property. The notice contains a time frame to pay the rent, after which the tenant may get an option to live in the property.
Unpermitted guests or pets:
Every tenant has to enter into a lease or a contract before he occupies the rental property. This contract states the clauses that the tenant has to follow to live in the owner’s property. These terms and conditions include clauses that permit or restrict the tenant to adopt pets.
There are clauses associated with hosting the number of guests as well. Some owners may even restrict the living of guests as well. Not following these clauses may attract a vacancy notice.
Subletting the property:
If the tenant sublets the property without the owner’s permission, he will receive a cause for vacancy notice.
No cause notice:
This notice is given by the landlord to the tenant without any specific cause. Some causes include:
- Owner’s intent to sell the property
- The owner’s intention to move into the property
- The owner wants to bring in a new tenant
- The owner wants to make changes to the property.
2. Tenant to Landlord:
Written Cause Notice to Vacate
This notice is delivered as a warning by the tenant to the landlord in cases where he is facing problems during his stay. This notice includes a timeframe for the landlord to solve the tenant’s issues. These problems generally bring discomfort to the tenants’ stay. Solving these issues is outside the tenant’s scope. They include:
- Critical repairs
- Breach of contract by the landlord
- The property becomes unsafe to live
- The place becomes uninhabitable
No cause notice:
This notice can be sent by the tenant when he wants to shift from the property or when the lease period is about to end. It may or may not have any specific reason.
A lawyer can help you draft a notice to vacate rental properties. If you are looking for a competent lawyer to help you in your drafting endeavors, let Lawgical Adda drive your stress. Lawgical Adda has a team of competent lawyers who can draft appropriate notices to vacate the properties.
Types of legal notice to vacate rental properties:
A tenant or landlord can give a 30, 60 or 90 day notice to the parties. Generally, a 30-day or 60-day notice is preferred by people. However, a 90-day notice may be demanded by a few lease agreements.
FAQs
- What is the notice period for the tenant to vacate?
Depending upon the type of agreement, a tenant has to give at least 21-day written notice in case of a lease or 30-day notice period in case of a contract. Similarly, a landowner can send a 30, 60 or 90 day notice to the tenant. However, in case of a lease, the notice period cannot be less than 90 days.
- What is the legal notice for termination of tenancy?
A notice to vacate rental properties is the legal notice for termination of tenancy. It can be given by both, landlord and tenant. Depending upon the type of agreement it is, the notice period can range from 30 to 90 days.
