VK 18 January 2024

Is eviction notice to tenant by whatsapp considered legally or not?

The tenant running a hotel in a shed with 3-year Registered Rental Agreement in Hyderabad from Jan 2023. In July 2023, the tenant has demolished the shed and started constructing the permanent structure without my approval. We found that the tenant has sub-leased it to the third party and I have the proof of that sub-lease document, so I have sent the Eviction Notice by WhatsApp to the tenant to vacate it since he has violated the conditions mentioned in the Rental Agreement. The waiting period of one-month was over in August, but he didn't vacate it and stopped paying the rent and electricity bills from September 2023 on wards. Is the Eviction Notice sent by WhatsApp considered legal or another Eviction Notice should be sent through lawyer, please?

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 18 January 2024

Sending legal notice through whatsapp is the last remedy.

Before that you are rqequired to sent a legal notice for eviction by registered post for the reasons you rely upon.

Better send a legal notice by registered post and then proceed with the eviction suit as per procedures of law.

Advocate Bhartesh goyal (advocate) 18 January 2024

Notice sent through WhatsApp is mere a formality so better to avoid any controversy issue again notice to tenant by registered post and ask him to vacate the rented premises as he has violed the terms s d conditions of rent agreement also ask him to pay due rent, if notice is not complied with then file suit for eviction.

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Dr. J C Vashista (Advocate ) 19 January 2024

Send the notice by other modes particularly by post.

Whatsapp message is not admissible in evidence, as held by Registrar Supreme Court, however, Bombay and Delhi High Courts had accepted service by Whatsapp, telegram etc. during COVID-19.