Eviction Notice to a Tenant in India: Format and Rules (2026)

Format · Property Law · Eviction

Updated for 2026 · Claw Editorial

Before a landlord in India can get a tenant out through a court, the tenancy must first be ended properly, and that almost always starts with a written eviction notice, a notice to quit. Get the notice wrong, and the eviction suit can fail at the first step. This guide explains the notice to quit under Section 106 of the Transfer of Property Act, how long the notice period is, how state rent-control laws limit what a landlord can do, a usable format, and the suit that follows. Last verified October 2026.

01When an eviction notice is needed

A landlord cannot simply ask a tenant to leave and then lock them out. The law protects a tenant in possession. To recover the property lawfully, the landlord must first end the tenancy and then, if the tenant does not go, sue for eviction. The written notice to quit is how the tenancy is ended.

Which law applies depends on the tenancy. If no special rent-control law covers the property, the general rule in Section 106 of the Transfer of Property Act, 1882 applies. If a state rent-control Act applies (and most cities have one), the landlord must also fit a ground that the Act recognises, such as non-payment of rent or bona fide personal need.

A tenant cannot be thrown out by force. The tenancy must be ended by a proper notice, and if the tenant stays, by a court order.

02Notice period under Section 106

Section 106 fixes how long the notice must be, based on the kind of lease:

• Month-to-month tenancy: at least 15 days notice.
• Year-to-year lease of property for agricultural or manufacturing purposes: six months notice.

Most residential and shop tenancies are month-to-month, so the 15-day notice is the common case. Always check the lease, because a written agreement can set its own notice period.

03Grounds and the rent-control overlay

If the property is not covered by a rent-control Act, a landlord can end a month-to-month tenancy by a valid notice without giving a reason, and then sue to recover possession. The position is very different where a state rent-control law applies, which is the case in most cities.

Under a rent-control Act, a tenant can usually be evicted only on grounds the Act lists. Common grounds are:

• Non-payment of rent (often after a demand and a chance to pay).
• Bona fide personal requirement of the landlord or family.
• Subletting without permission, or using the premises for a different purpose.
• Serious damage or nuisance caused by the tenant.

Rent-control Acts differ a lot from state to state, both on the grounds and on whether the case goes to a Rent Controller or a civil court. Check your own state Act before you draft.

04What a valid eviction notice must contain

A good notice to quit is short and precise. It should set out:

• The names and addresses of the landlord and the tenant.
• A description of the premises let out.
• How the tenancy was created and on what terms (rent, period).
• The ground, if a rent-control Act requires one, such as arrears of rent with the amount due.
• A clear statement that the tenancy is terminated and the tenant must hand over vacant possession by a stated date.
• The notice period that the law or the lease requires.

05The eviction notice format

This is a general notice to quit for a month-to-month tenancy under Section 106. Adapt it to your facts and to your state rent-control Act. It is usually sent by an advocate. Replace the text in square brackets.

                          [On the letterhead of the Advocate]

By Registered Post A.D. / Speed Post

Date: ______________

To,
[Name of tenant]
[Full address of the tenanted premises]

NOTICE TO QUIT AND VACATE

Under instructions from my client, [Landlord name],
residing at [address] (the "Landlord"), I serve on you
the following notice:

1. You are a tenant of the Landlord in respect of the
   premises at [full description], on a month-to-month
   tenancy at a monthly rent of Rs [amount], payable by
   the [day] of each month.
2. [If applicable] You have failed to pay rent from
   [month] to [month], and a sum of Rs [amount] is due.
3. The Landlord hereby terminates your tenancy. You are
   called upon to pay the arrears of Rs [amount], if any,
   and to hand over vacant and peaceful possession of the
   premises on the expiry of 15 days from the receipt of
   this notice, that is, by [date].
4. If you fail to comply, my client will be constrained
   to initiate eviction proceedings and recover possession,
   arrears, mesne profits and costs, entirely at your risk
   as to cost and consequences.

                                   [Advocate name]
                                   Advocate for the Landlord
                                   [Enrolment no., address]

06How to serve the notice

1. Send it by registered post with acknowledgement due, and keep the postal receipt and the acknowledgement card.
2. Also send a copy by speed post or courier, and keep proof, so service is hard to dispute.
3. Keep a signed office copy of the notice.
4. Note the date of receipt, because the notice period is now counted from when the tenant receives it.
5. If the notice is returned unclaimed, keep the returned envelope; refusal or non-collection is often treated as good service.

07The eviction suit that follows

If the tenant does not vacate after the notice, the landlord files an eviction case. Where no rent-control Act applies, this is a civil suit for possession and arrears. Where a rent-control Act applies, the case goes to the Rent Controller or the court the Act names, and the landlord must prove a recognised ground.

Along with possession, a landlord can usually claim arrears of rent and mesne profits (compensation for the period the tenant stays on after the tenancy ends). The matter then runs through pleadings, evidence and arguments to a decree. If you need a related format, see how to draft a civil suit plaint and a commercial lease agreement format.

08Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

An eviction case can run for a long time through the Rent Controller or the civil court, and a landlord or company with several tenanted properties often has many such matters at once. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, with results in under 5 seconds, so you can follow each eviction by party or property and get the next hearing date without checking court sites by hand. You can also search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to see how courts have read notices to quit, bona fide need and arrears. Claw does not use your case documents to train its AI models.

Create a FREE Claw account to track your eviction matters by party name, and use case search across Indian courts to research how eviction notices and grounds are decided.

09Sources and further reading

• India Code (Transfer of Property Act, 1882): indiacode.nic.in
• Section 106, Transfer of Property Act (bare text): devgan.in
• eCourts (eviction case status): ecourts.gov.in
• Claw: clawlaw.in

This guide is general information, not legal advice. Rent-control grounds, the forum and notice rules vary by state, so check the Act that applies to your property and take advice from an advocate before you act.

10Frequently asked questions