Draft format
Notice to tenant to vacate: format under Section 106, Transfer of Property Act
This is a format for a landlord's notice terminating a month-to-month tenancy and demanding arrears of rent under Section 106 of the Transfer of Property Act, 1882, with the points that decide whether such a notice is enough.
Last updated 9 October 2026
When to use a notice to tenant to vacate
Use this notice where the tenancy is governed by the Transfer of Property Act and the landlord wishes to end it. Under Section 106, in the absence of a contract or local usage to the contrary, a lease for agricultural or manufacturing purposes is treated as year to year and is terminable by six months' notice, and a lease for any other purpose is treated as month to month and is terminable by fifteen days' notice.
Where a state rent control or tenancy Act applies to the premises, the tenant is protected and can be evicted only on the grounds in that Act and before the authority it names. Those Acts often require their own demand notice for arrears, with their own period. In such cases adapt the notice to the state Act; a Section 106 notice alone will not be enough.
Legal basis: Sections 106 and 111, Transfer of Property Act, 1882; the state rent control or tenancy Act where it applies
Notice to tenant to vacate: the format
Blanks and fields in [square brackets] are for you to complete. Adapt the wording to the facts and to the rules of the court or forum.
BY REGISTERED POST WITH A.D.
Date: [Date]
To,
[Name of tenant]
[Address of the tenanted premises]
Sir/Madam,
Sub: NOTICE UNDER SECTION 106 OF THE TRANSFER OF PROPERTY ACT, 1882
TERMINATING YOUR TENANCY AND DEMANDING ARREARS OF RENT.
Under instructions from and on behalf of my client [Name of landlord], resident of [Address] (hereinafter "my Client"), I hereby serve upon you the following Notice:
1. That my Client is the owner and landlord of the premises bearing [description and full address of the premises] (hereinafter "the premises").
2. That you are a tenant of my Client in the premises on a month-to-month basis at a monthly rent of Rs. ____________ /-, exclusive of electricity, water and maintenance charges, [under a rent agreement dated __________ / under an oral tenancy commencing on __________]. The tenancy month begins on the ____ day of each month.
3. That you have failed to pay rent for the period from __________ to __________, and a sum of Rs. ____________ /- is due and payable by you as arrears of rent as on the date of this notice.
4. [State any other ground relied upon, for example: the agreed term expired on __________ / you have sub-let the premises without written consent / my Client requires the premises for bona fide personal use.]
5. That my Client does not wish to continue your tenancy. Your tenancy of the premises is hereby terminated on the expiry of FIFTEEN (15) DAYS from the date of receipt of this notice.
6. You are hereby called upon to:
(a) quit, vacate and hand over vacant and peaceful possession of the premises to my Client on the expiry of fifteen days from the receipt of this notice; and
(b) pay to my Client the arrears of rent of Rs. ____________ /- within the same period.
7. Should you fail to comply, my Client shall be constrained to institute appropriate proceedings for your eviction, for recovery of the arrears of rent, and for damages / mesne profits for use and occupation at the rate of Rs. ____________ /- per month from the date of termination until delivery of possession, entirely at your risk as to costs and consequences.
8. This notice is issued without prejudice to all other rights and remedies available to my Client. A copy of this notice is retained in my office for record and further action.
Yours faithfully,
___________________________
[Name of advocate], Advocate
Enrolment No.: __________
For: [Name of landlord]What the draft must get right
- Describe the premises fully and state the monthly rent, the nature of the tenancy and when the tenancy month begins.
- Give at least fifteen days from receipt of the notice for a month-to-month tenancy, or six months for an agricultural or manufacturing lease, unless the lease provides a different period.
- State the arrears with the period they cover, and demand them separately from the demand for possession.
- The notice must be in writing and signed by or on behalf of the landlord. Under Section 106(4) it may be sent by post, delivered personally to the tenant or a family member or servant at the residence, or, if that is not practicable, affixed to a conspicuous part of the property.
- Reserve the claim for damages or mesne profits for occupation after the termination date.
- Check the rent agreement for its own termination clause, lock-in period and notice period. A registered lease for a fixed term cannot be ended early by a Section 106 notice unless the lease allows it or there is a forfeiture.
Common mistakes
- Relying on Section 106 where a rent control Act governs the premises and requires specific grounds.
- Terminating a fixed-term lease during its term with no forfeiture clause or breach to rely on.
- Accepting rent for a period after the termination date without protest, which the tenant may argue waived the notice.
- No proof of service on the tenant.
Notice to tenant to vacate: common questions
How much notice must a landlord give a tenant in India?
Under Section 106 of the Transfer of Property Act, fifteen days for a month-to-month tenancy and six months for a year-to-year tenancy for agricultural or manufacturing purposes, unless the lease or local usage provides otherwise. State rent and tenancy laws may set different requirements.
Is the notice invalid if it gives too short a period?
Not necessarily. Under Section 106(3), a notice is not invalid merely because the period mentioned in it falls short, where the suit or proceeding is filed after the period required by the section has expired.
Can a landlord evict a tenant without going to court?
No. If the tenant does not vacate after the tenancy is terminated, the landlord must obtain an order of eviction from the competent court or rent authority. Removing a tenant by force or cutting off essential services exposes the landlord to civil and criminal liability.
Generate this on your letterhead in Settl
Add this format to your firm's templates in Settl, with placeholders for the parties and dates, and generate it from any matter on your firm's letterhead.
Not legal advice. This is a general format for reference. It is not a filing-ready document and may not suit your facts or your court's rules. Verify the law, the facts and local requirements, and have a qualified advocate review the draft before it is sent or filed. Settl is not a law firm.