Rent / Eviction Notice

Under Section 106 of the Transfer of Property Act, 1882, a landlord can terminate a month-to-month tenancy by giving 15 days' notice. Key grounds include: non-payment of rent, expiry of the lease agreement, unauthorized subletting of the premises, causing damage to or misuse of the property, and other sufficient cause under applicable law. In Maharashtra, the Maharashtra Rent Control Act, 1999 provides additional grounds and procedures.

Section 106 of the Transfer of Property Act, 1882 mandates a minimum 15-day notice period for month-to-month tenancies of movable property, and a 6-month notice for yearly tenancies of immovable property. Most residential tenancies are treated as month-to-month — so 15 days is typically the minimum. However, the lease agreement may specify a longer period, which must be honoured.

No. An eviction notice under Section 106 is a pre-litigation step — a formal demand on the tenant to vacate. No court order is required to send the notice. If the tenant refuses to vacate after the notice period expires, the landlord must then file an eviction suit in the Civil Court (or approach the Rent Authority / Competent Authority in states like Maharashtra that have separate Rent Control Acts).

No. Eviction notices can be served on both written and oral tenancy arrangements. Section 106 of the Transfer of Property Act applies to all tenancies — whether documented in a registered rent agreement, an unregistered lease, or established through an oral arrangement. However, a written agreement strengthens your legal position if the tenant contests the notice.

If the tenant does not vacate by the due date specified in the notice, the landlord must file an eviction suit before the competent Civil Court. In Maharashtra, landlords may also approach the Competent Authority under the Maharashtra Rent Control Act, 1999. Keep the postal receipt and Acknowledgement Due card from Registered AD Post as proof that the notice was properly served — courts require this.

The most legally reliable method is Registered Post with Acknowledgement Due (RPAD), also called AD Post. This creates a paper trail: the postal receipt proves the notice was sent, and the returned acknowledgement card (signed by the recipient) proves delivery. You can also serve it through courier with a delivery receipt, or hand-deliver it against a signed acknowledgement. Email alone is not recommended as standalone proof of service.

Yes. Maharashtra is covered by the Maharashtra Rent Control Act, 1999 (Maharashtra Act No. 18 of 2000), in addition to Section 106 of the Transfer of Property Act, 1882. This Act provides specific grounds for eviction, regulates rent increases, and establishes the Competent Authority as the adjudicating body for rental disputes. NyayaDraft automatically includes the MRC Act citation when the property is located in Maharashtra.

Yes. After payment, our AI generates your personalised rent/eviction notice and emails it to you as a PDF. You can print it, sign it, and serve it on the tenant by Registered AD Post. Keep the postal receipt and acknowledgement card safely as proof of service.