Eviction Notice

An Eviction Notice is a legal document in which you are required to either comply with your rental or lease agreement or quit the property. It informs the tenant that he is being evicted and must vacate the property of which he is currently in physical possession. If the renter fails to comply after receiving an Eviction Notice, you have the option to get a court order. This is an important notification since a landlord must issue an Eviction Notice, in general, within 3 to 7 days to the renter in order to regain ownership of the house.

The Eviction Notice typically includes the following provisions:

When properly drafted, an Eviction Notice letter can help protect you as a landlord or property manager by:

Tenancy is governed by the National Land Code 1965, the Contracts Act 1950, the Specific Relief Act 1950, the Civil Law Act 1956, and the Distress Act 1951. However, it has recently been reported that the government is considering enacting a new Residential Rent Act, which may include the establishment of a tribunal to resolve disputes between landlords and tenants, as well as the establishment of a national tenancy database and a public register for landlords.

To regain ownership of the premises from the renter, you would need to get a court order under Section 7(2) of the Specific Relief Act 1950. Although the tenancy agreement permits you to reclaim possession of the property in the event of a rent failure, you must still get a court order. According to Section 28(4)(a) of the Civil Law Act 1956, the landlord has the right to charge double rent to a tenant who is holding over after the determination of tenancy until the tenant gives up possession.

Another legal remedy open to landlords under the Distress Act 1951 is a “distress action.” This privilege enables landlords to sue for unpaid rent. Essentially, the landlord can confiscate the tenant’s belongings and sell them to recoup arrears. You are not required to end the tenancy before filing this distress action. According to Section 28(4) of the Civil Law Act 1956, the landlord is entitled to double rent from the tenant from the time the notice of eviction expires until possession is granted to the landlord.

If your renter does not react to your notice or does not vacate the premises within the term indicated, your local court system should be notified: Make an eviction request. Your matter must be heard in court. With a writ of possession, you can order the sheriff’s department to remove the renter.

If the tenant refuses to move and continues in the apartment or premises after the notice period has expired, you may seek an eviction order in court against the renter for the following reasons:

If your tenant does not respond to your notices, we recommend that you contact an attorney to discuss further legal action against your tenant.

If you do not send the eviction notice form, you cannot begin evicting the tenant. First of all, make sure that the landlord has strictly followed the proper procedures. This is because if the landlord has not sent any notice, the tenant may challenge the eviction process and the landlord’s claim and force the landlord to start the whole process over again or not win in court.

Explain why you’re attempting to evict the renter. don’t want to go (this might be due to eviction, a landlord change, or other circumstances). If the matter proceeds to eviction, you should specify what damages they would be liable for. Create a means for them to escape.