Legal notices

Eviction notice to a tenant

An eviction notice ends the tenancy; it does not by itself remove anyone. If the tenant stays after it, the landlord has to go to the court or rent authority the law names. What the notice needs depends on the rent agreement, on Section 106 of the Transfer of Property Act, 1882, and on whether a State rent law covers the property.

Law checked on 9 November 2026.

Monthly tenancy, no notice term: 15 days (TPA s.106)
Lease for agriculture or manufacturing: Six months
Period counts from: The day the tenant receives it
Who can remove a tenant: Only a court or rent authority

What decides the notice period

First, the rent agreement: if it fixes a notice period or a way to end the tenancy, that applies.

If it says nothing, Section 106 of the Transfer of Property Act, 1882 treats a lease for agriculture or manufacturing as year to year, ended by six months' notice, and a lease for any other purpose as month to month, ended by 15 days' notice. Either side can give it.

A State rent law ("local law" in Section 106), where it covers the premises, comes first. It usually lets a landlord evict only on the grounds it lists, through the Rent Controller.

How the notice must be given

All four rules are in Section 106, as it has stood since the Transfer of Property (Amendment) Act, 2002.

In writing, and signed by or on behalf of the person giving it.
Sent by post to the tenant, or handed to the tenant or to a member of their family or a servant at their home. If neither is practicable, it may be fixed to a prominent part of the property.
The period runs from the day the tenant receives it, not the day it was sent.
A notice that gives too short a period is not invalid for that reason alone, if the suit or proceeding is filed only after the full period has passed.

When a State rent law covers the property

Many cities have rent control laws, such as the Delhi Rent Control Act, 1958, the Maharashtra Rent Control Act, 1999 and the Karnataka Rent Act, 1999. Where one applies, the landlord can usually evict only on a ground it lists (unpaid rent, subletting without consent, misuse, needing the premises for their own use, and others) and by applying to the Rent Controller rather than a civil court.

Each law has its own limits on what it covers; the Delhi Act, for example, does not apply to premises let at more than Rs 3,500 a month. Some States have newer tenancy laws based on the Model Tenancy Act, 2021, with Rent Authorities and written agreements. Which law applies depends on the place, the rent and the date of the tenancy, so check it before the notice goes out.

After the notice

If the tenant leaves: take back the keys against a written receipt, and settle the security deposit as the agreement says.
If the tenant stays: a suit for possession (with arrears or damages for the period of overstay) in the civil court, or an eviction petition before the Rent Controller where a rent law applies.
No self-help. A landlord cannot remove a tenant by force, change the locks or cut off water or electricity. Rent laws forbid a landlord to cut off an essential supply (under Section 45 of the Delhi Rent Control Act, 1958, for example, the Rent Controller can order it restored), and a tenant put out without due process can sue within six months to be put back (Section 6, Specific Relief Act, 1963).

How to evict a tenant, step by step

If you are the tenant

A notice is not an eviction order. Check whether the period is right under the agreement or Section 106, whether a State rent law protects the tenancy, and whether the rent and deposit are in order. Reply in writing if the notice is wrong, keep paying rent by a method that leaves a record, and do not hand over the keys until you have agreed to leave.

Tenant rights in India

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Talk to an advocate about your notice Tell us what the notice is about, or what you want to claim. Sending an enquiry is free. It goes to advocates who handle this kind of matter, and your number goes only to those who open it.

Questions people ask

How many days' notice must a landlord give a tenant?

What the rent agreement says. If it says nothing, 15 days for a month-to-month tenancy and six months for a lease for agriculture or manufacturing, counted from the day the tenant receives the notice (Section 106, Transfer of Property Act, 1882). A State rent law, where it applies, has its own rules.

Does the landlord need a reason to end the tenancy?

Under Section 106 alone, no reason is needed to end a month-to-month tenancy with proper notice. Where a State rent control law covers the premises, the landlord can usually evict only on a ground that law lists.

Can the notice be sent by WhatsApp or email?

Section 106 requires a written, signed notice sent by post or delivered personally, or fixed to the property if that is not practicable. Send it that way and keep the proof; email or WhatsApp can be added.

Can a landlord force the tenant out when the notice period ends?

No. Only a court or rent authority can order eviction. Forcing a tenant out, changing the locks or cutting off water or electricity is not allowed.

Sources

Transfer of Property Act, 1882, Section 106 (India Code)
Specific Relief Act, 1963, Section 6
Delhi Rent Control Act, 1958, Sections 3 and 45

General information on Indian law, not legal advice for your situation. Time limits and procedure can turn on facts and on State law; an advocate can tell you how they apply to you.