Notice to Quit Under Section 106 of the Transfer of Property Act
A notice to quit is a formal legal communication from a landlord to a tenant, unequivocally terminating the tenancy. It demands that the tenant deliver vacant possession of the leased premises by a specified date.
This notice is issued under Section 106 of the Transfer of Property Act 1882. It is a mandatory prerequisite for a landlord to determine a lease before initiating eviction proceedings in a civil court.
- Governing law
- Transfer of Property Act 1882, s.106 (and s.111(h))
- Sections
- s. 106s. 111
When this is the right filing
- To terminate a month-to-month tenancy for any purpose other than agriculture or manufacture.
- To terminate a year-to-year tenancy for agricultural or manufacturing purposes.
- When the landlord requires the tenant to vacate the premises after the expiry of the lease term.
- As a foundational step before filing a suit for eviction and recovery of possession.
- Do not use this notice as the sole instrument for eviction if the premises are governed by a State Rent Control Act, which may require statutory grounds and proceedings before a Rent Controller.
What the court looks for
- Proof that the notice is in writing and signed by or on behalf of the lessor.
- A clear and unambiguous statement terminating the tenancy and demanding vacant possession.
- A definite date by which the tenant must quit and deliver possession.
- Valid proof of service, such as postal receipts, tracking records, or evidence of personal tender or affixation.
- Compliance with the statutory notice period, which runs from the date of receipt of the notice.
The structure the court expects
The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.
- 1Schedule of property
Under instructions from and on behalf of my client [landlord name], [landlord relation] [landlord father name], R/o [landlord address] (hereinafter "my client"), the lawful owner/landlord of the Schedule Property, I hereby serve upon you the following notice:
Bracketed items are filled from your case.
Frequently asked questions
What is the correct notice period for a month-to-month tenancy?
For a tenancy from month to month for any purpose other than agriculture or manufacture, the notice period is 15 days. This period runs from the date the tenant receives the notice.
How must this notice be served on the tenant?
The notice can be served by sending it by post, by tendering or delivering it personally to the tenant or a family member or servant at their residence, or if these methods are not practicable, by affixing it to a conspicuous part of the property. Proof of service must be retained.
Is a Section 106 notice sufficient to evict a tenant in a rent-controlled area?
Not necessarily. If the premises are governed by a State Rent Control Act, a bare notice under Section 106 of the Transfer of Property Act may not be sufficient. Eviction may require establishing statutory grounds before the designated Rent Controller.
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