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Technologist (Business owner)     07 February 2010

What is the correct method to serve an eviction notice

My mother would like to serve the following eviction notice.



This notice is to inform you that your tenancy at the rented house and premises having house number___________ in Kerala state, will be terminated in accordance of the THE KERALA BUILDINGS LEASE ACT, 2002 and other relevant laws.

You are in violation of unauthorized repairs and modifications of the rented house without prior permission of the landlord which destroyed material utility and reduced the value of the house by negligence and improper repairs. No requests were communicated either in writing or oral with a substantial proof whatsoever, in order to do any legal repair or modification to the house.

The building is in such a condition that it needs to be demolished and reconstructed. The landlord requires vacant possession of the premises to demolish and reconstruct the building for re-renting to a suitable tenant who would look after the house and premises properly abiding laws. It is also understood that the you cease to occupy the building continuously for more than six months and that you have other places for accommodation and stay.

You are required to vacate the premises and remove all your possessions from the premises by this date: __________. All keys to the premises are be to returned upon your moving out.

Failure to vacate the premises by the above date will be considered as trespassing to our property and obstruction to demolish and reconstruct the building and you will be imposed a compensation of Rs. 5000.00 per day.


Question 1. Is it okay  to serve the notice by mail?

Question 2. The tenant has 3 children and they are all grown up and now living elsewhere off the rented house. Wil the notice be sent to them as well?

Question 3. What if they refuse to accept notice?


Kindly advice on these matters and the legality of it. Thanks very much.


 4 Replies

Darshan Sharma (Lawyer-cum-detective)     07 February 2010

Send the said Legal Notice for eviction by Speed Post/AD as well as by UPC. Also to the children if living separately that will be an evidence that they are living separately and are not tenants anymore.since the mentioned period.

Best ground for eviction is your own need after transfer or retirement if no other own accomodation to reside in that area.

Refusal to receive legal notice is to your own advantage.

D.D.Sharma Advocate.



1 Like

Technologist (Business owner)     08 February 2010

Thank you so much for your brilliant suggestion. What if there is no real need for the landlord's accommodation? Is the statue, THE KERALA BUILDINGS LEASE ACT, 2002 , could be used to evict the tenant as they had made unauthorized repairs and modification. Besides, the rent is very low not even sufficient to pay any worker for one day to do any maintenance either.

What other effective recourse the landlord has to evict an abusive tenant ?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     08 February 2010

I do agree with Darshan

1 Like

Technologist (Business owner)     08 February 2010

I have two questions:

1. If a notice to vacate is sent by UPC by the landlord to the tenant and the tenant refuses to accept it, how is it going to benefit the landlord?

2. In an earlier comment a learned lawyer suggested to send notice to the tenant and her children living severally by location. The mother of the tenant who is residing elsewhere is in an undisclosed location except the fact that we know of only the district name of this location. How is it possible to find this undisclosed location.  Will the Voters List help or enquiry through the nearest Police station or Post office?

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