Legal Notice Format for Vacating Property Given on Lease
When a lease expires, the occupant is generally expected to vacate the premises and hand over possession in accordance with the terms of the lease. Where the occupant continues to remain in possession after the expiry of the lease, the owner or lessor may issue a legal notice calling upon them to vacate the property.
A legal notice for vacating leased property formally records the details of the lease, the expiry of the agreed term and the demand for vacant and peaceful possession. It also informs the occupant of the action that may be taken if the demand is not complied with.
What Is a Legal Notice for Vacating Leased Property?
A legal notice for vacating leased property is a formal written communication sent to a tenant or lessee requiring them to leave the leased premises and deliver possession to the person entitled to it. The notice identifies the lease deed, the premises covered by it and the date on which the lease came to an end. It then calls upon the occupant to vacate the property within the specified period.
When Can a Notice to Vacate Leased Property Be Used?
This notice can be used where the agreed period of the lease has come to an end and the occupant continues to retain possession of the premises. The notice records the expiry of the lease and requires the occupant to quit, vacate and deliver quiet and peaceful possession of the property. The format also provides for the possibility of legal proceedings for recovery of possession and damages if the occupant fails to comply with the demand.
The exact notice and legal remedy, however, may depend on the terms of the lease and the circumstances of the particular case.
What Should a Legal Notice to Vacate Property Contain?
A notice to vacate leased property should clearly identify the parties and the premises concerned. It should refer to the lease deed and mention its date, identify the property and state when the lease expired. The notice should also specify the date by which the occupant is required to vacate and hand over possession. Where appropriate, it should set out the consequences of failing to comply with the demand.
Legal Notice Format for Vacating Property Given on Lease
The following is a ready-to-edit format:
Ref. No. _____________
Dated _____________
REGD. A.D.
SUB.: LEGAL NOTICE
To,
____________________________
____________________________
____________________________
Dear Sir/Madam,
Pursuant to the instructions from and on behalf of my client
____________________________, resident of __________________,
I do hereby serve you with the following Legal Notice: –
That the lease deed dated _____________ made between my client
of the ONE PART and you on the OTHER PART in respect of premises
No. _____________ (hereinafter referred to as the demised premises).
That the lease deed has expired by efflux of time on the __________
day of __________, 20__.
I hereby call upon you to quit, vacate and deliver quiet and peaceful
possession of the demised premises on or before the __________ day
of __________, 20__, failing which my client will file a suit against
you for recovery of possession of the demised premises and for
damages which may be sustained by her by reason of your wilfully
retaining possession thereof and for breach by you of the covenants
contained in the lease deed.
A copy of this Notice is kept in my office for record and further
necessary action and you are also advised to keep the copy safe as
you would be asked to produce it in court.
ADVOCATEHow to Draft a Notice to Vacate Leased Property
1. Identify the Parties
The notice should contain the name and address of the person issuing the notice and the person occupying the leased premises. These details should correspond with the lease deed and other relevant documents.
2. Mention the Lease Deed
The date of the lease deed should be clearly stated along with the details necessary to identify the premises covered by it. Once identified, the property can be referred to as the “demised premises” throughout the notice.
3. State When the Lease Expired
The notice should clearly mention the date on which the lease expired by efflux of time. This establishes the basis for the demand for possession in the supplied format.
4. Specify the Date for Vacating
The occupant should be given a clear date by which they are required to quit, vacate and deliver quiet and peaceful possession of the premises.
5. State the Consequences of Non-Compliance
The notice should clearly communicate what action is proposed if the occupant does not comply. In the supplied format, this includes proceedings for recovery of possession, damages arising from continued retention of the premises and breach of the covenants contained in the lease deed.
Documents to Check Before Sending the Notice
The lease deed should be carefully examined before the notice is finalised. In particular, the parties, description of the premises, duration of the lease and expiry date should be checked against the original document. Documents and correspondence relating to the lease and possession of the property should also be preserved for future reference.
Important Note
This format is provided for educational and drafting-reference purposes. The appropriate notice and legal remedy may depend on the terms of the lease, the nature of the possession and the applicable law. The draft should therefore be reviewed and adapted to the facts of the particular matter before being used.
