Notice to Quit explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
A landlord who wants a tenant to leave, and cannot rely on the end of a fixed term, ends the tenancy by a written notice to quit. Section 106 of the Transfer of Property Act, 1882 says how long the notice must run and how it must be given, where the parties have no contract or local law or usage that decides the matter. This article gives a specimen notice of ejectment through an advocate and explains each paragraph.
The notice is in writing, signed by or on behalf of the landlord, and states unequivocally that the tenancy ends on a stated date and the tenant must deliver vacant possession. Under section 106, absent a contrary contract, local law or usage, a lease for agricultural or manufacturing purposes is a lease from year to year terminable by six months notice, and a lease for any other purpose is from month to month terminable by fifteen days notice. The notice period runs from the date the notice is received, and the notice must be served by a mode that section 106 allows. State rent control laws may override this: check the law of your State.
When you need a notice to quit
You need one when:
- the tenancy is month to month or year to year and the landlord wants to end it;
- the lease has no fixed term, or it has expired and the tenant continues in possession and the parties treat it as periodic;
- the lessor wants to determine the lease on the expiry of a notice, which is one of the ways in which a lease ends under section 111 of the Act.
The notice must be definite. It should say that the tenancy stands terminated from a particular date, not that the landlord "wants" the premises. If the tenant remains after the notice expires, the landlord can then file for possession. For help preparing and serving the notice and the suit that may follow, our legal notice drafting team can assist. A notice to quit is one kind of notice; see also the show cause notice format for notices that ask for an explanation first.
Before you draft, confirm that the relationship is a lease and not a licence; the rules differ. Our article on lease versus licence explains the distinction.
Specimen notice of ejectment
REGISTERED POST WITH ACKNOWLEDGEMENT DUE / SPEED POST /
Date:
To,
NOTICE OF EJECTMENT UNDER SECTION 106 OF THE TRANSFER OF PROPERTY ACT, 1882
Sir / Madam,
Under instructions from and on behalf of my client , , resident of (my client), I serve you with the following notice:
1. My client is the owner of (the premises). At your request, my client let out the premises to you on for use, at a monthly rent of .
2. You hold the premises as a tenant of my client under .
3. By this notice my client terminates your tenancy. You are required to quit, vacate and deliver vacant possession of the premises to my client on the expiry of from the date of receipt of this notice, that is, on .
4. On and from that date the tenancy shall stand terminated and all relationship of landlord and tenant between my client and you shall cease.
5. You are called upon to pay all arrears of rent, if any, up to the date of vacation, amounting to , and to hand over the premises with all fixtures and keys, in the condition in which they were let, after removing your belongings.
6. If you fail to deliver vacant possession on the date stated, you will be treated as a person in unauthorised occupation, and my client will take legal proceedings for your eviction and recover damages for use and occupation at per until possession is delivered, together with costs.
7. This notice is without prejudice to the other rights and remedies of my client.
Yours faithfully,
Advocate for Clause-by-clause explanation
| Part | What it does | Drafting tip |
|---|---|---|
| Advocate's details and mode | Shows who sends it and by which mode | Choose a mode of service that section 106(4) allows and keep proof |
| Date | Starts the record | The period under section 106 runs from receipt, so the delivery date matters |
| Addressee | Names the tenant at the premises | Address every tenant or co-tenant named in the agreement |
| Heading | Identifies the section | Name the Act and section |
| Para 1 | Ownership, description of the premises, the letting | Describe the premises exactly as in the lease or the title papers |
| Para 2 | Nature of the tenancy | Say whether it is monthly or yearly, and for what purpose |
| Para 3 | Terminates the tenancy and calls for possession | State the period and the end date clearly |
| Para 4 | Confirms that the relationship ends | Use unequivocal words: "stands terminated" |
| Para 5 | Arrears and handover | Include only dues you can prove |
| Para 6 | Consequence of non-delivery | Refer to legal proceedings and damages without exaggeration |
| Para 7 | Reservation of rights | Standard saving clause |
The law behind it
Section 106. In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes is deemed to be a lease from year to year, terminable by either lessor or lessee by six months notice, and a lease for any other purpose is deemed to be from month to month, terminable by fifteen days notice. The period commences from the date of receipt of the notice. A notice is not invalid merely because the period it states falls short, if the suit or proceeding is filed after the expiry of the period the section specifies. Every notice must be in writing, signed by or on behalf of the person giving it, and either sent by post to the party to be bound, or tendered or delivered personally to that party or to a member of the family or a servant at residence, or, if that is not practicable, affixed to a conspicuous part of the property. Read the full text in our article on duration of a lease and notice to quit under section 106.
Section 111. A lease determines, among other ways, on the expiration of a notice to determine the lease, or to quit, or of intention to quit, duly given by one party to the other. Read more in how a lease comes to an end.
Section 106 applies only where there is no contract, local law or usage to the contrary. If your lease deed fixes a different notice, follow it. State rent control laws may override section 106 or require a ground for eviction; check the law of your State before you serve a notice.
Stamp duty, registration and execution
The notice itself is a communication and is not ordinarily chargeable with stamp duty or registered. The underlying lease may be chargeable under the Stamp Act and Schedule of the State where it was executed, and a lease of immovable property for a longer term may need registration; see how a lease is made and when registration is required. Court fee is payable on any later suit for possession, as per the applicable court-fee law and rules.
Execution: the advocate signs on instructions, the notice is sent by a mode that gives proof (post, delivery to the tenant or family member, or affixing where delivery is not practicable), and the acknowledgement, postal receipt and any photograph or witness note of affixing are kept.
Common mistakes
- Calling the notice a "request" instead of stating that the tenancy stands terminated.
- Counting the period from the date of the notice instead of the date of receipt.
- Using the wrong period for the type of tenancy, or ignoring a longer period in the lease.
- Serving by a mode that section 106 does not allow, or without proof of delivery.
- Not signing the notice, or typing a name only.
- Ignoring a State rent control law that needs a ground for eviction.
- Accepting rent after the notice expires, which can be read as treating the lease as continuing.
- Describing the premises inaccurately, or omitting a co-tenant.
Need help ending a tenancy?
A notice to quit is only as good as its period, its service and its wording. Our legal notice drafting service prepares notices of ejectment and helps with the steps that follow if the premises are not vacated.
Key takeaways
- A notice to quit ends a periodic tenancy by written notice.
- Under section 106, absent a contrary contract or local law or usage, the notice period is six months for agricultural or manufacturing leases and fifteen days for others, running from receipt.
- The notice must be in writing, signed, and served by post, delivery, or affixing where delivery is not practicable.
- State rent control laws may override: check your State.
- No stamp duty on the notice; court fee applies to the later suit.
Read next
- Duration of a lease and notice to quit: section 106 TPA
- Section 80 CPC notice before suit against Government
- How a lease comes to an end: section 111
- License vs lease: legal differences
Disclaimer: This specimen is a general model for information. Every document must be adapted to its facts and to the law, rules and forms in force when it is signed or filed; stamp duty, registration and court fees depend on the State and the forum. This article is general information, not legal advice; check the official text before acting.