When a tenancy ends, the tenant breaches the agreement, or an authority orders a change of use, the landowner should first serve a written notice to vacate. A clear notice protects the landowner if the matter later goes to court and gives the tenant fair time to leave. Below is a practical sample notice from landowner to tenant, with the points every notice must cover.
What is a notice to vacate?
A notice to vacate is generally served by the landowner or his authorised attorney on the tenant. Expiry of the tenancy period, breach of the tenancy agreement, or any emergency situation usually leads to serving this notice.
A notice to vacate should clearly state the tenant’s obligations regarding the following:
- Time limit for vacating the occupied premises
- Schedule (description) of the premises to be vacated
- Any dues payable or advance refundable by either side
- Mode of handing over possession
- The breached condition or adverse act, if any
Notice to vacate: common grounds and notice period
| Ground | Typical notice period | Note |
|---|---|---|
| Tenancy period expired | As stated in the agreement | Refer to the expiry clause |
| Month-to-month tenancy | 15 days ending with the tenancy month | Transfer of Property Act, 1882, section 106 |
| Non-payment of rent | As per agreement and law | Keep rent records and receipts |
| Change of use ordered by RAJUK or authority | Reasonable time, e.g. 90 days | Attach or cite the official order |
| Unauthorised sublet or illegal use | As per agreement | Describe the breach clearly |
In Dhaka and other areas, the Premises Rent Control Act, 1991 also protects tenants who pay rent regularly, so the ground for eviction must be lawful and clearly stated. For drafting the original tenancy terms, see our shop or commercial space rent agreement sample.
Notice to vacate sample from landowner to tenant
Date: 7th October 2021
To,
The Manager,
ABC Bank Limited,
Gulshan Branch, Dhaka.
Address: Plot No. 57, Road No. 169,
Block: F, Gulshan Residential Area, Dhaka.
Subject: Notice to vacate the occupied premises within 90 (ninety) days.
Dear Sir/Madam,
This is to inform you that we have been notified by RAJUK to stop the commercial use of the aforesaid residential plot, which is presently rented to you.
In this situation, we are bound to comply with the official order and direction given by RAJUK to stop the commercial use of the aforesaid residential plot currently occupied by you.
In accordance with the said notice of RAJUK, we hereby request you to settle all tenancy matters and kindly vacate the said premises within 90 (ninety) days from the receipt of this letter, so that the order of RAJUK is complied with. Any advance or security deposit will be adjusted against outstanding dues and the balance refunded at the time of handover.
Best regards,
Name of Landowner(s):
Phone: [Landowner’s phone number]
Address: Plot No. 57, Road No. 169,
Block: F, Gulshan Residential Area, Dhaka.
All names and addresses in this sample are fictional. Adapt the facts, grounds and time limit to your own tenancy agreement.
Documents to keep when serving a notice to vacate
- Copy of the tenancy or lease agreement
- Proof of ownership (deed, mutation, holding tax receipt)
- Rent receipts or bank records showing dues
- Copy of any official order (e.g. RAJUK notice)
- Proof of service: registered post with A/D, courier receipt or signed acknowledgement
- Inventory and meter readings for handover
Notice to vacate: frequently asked questions
How should a notice to vacate be served?
Serve it by registered post with acknowledgement due (A/D) to the tenant’s address and keep a copy. Hand delivery against a signed acknowledgement is also useful as proof.
How much notice must a landowner give?
First follow the tenancy agreement. For a month-to-month tenancy without a written term, section 106 of the Transfer of Property Act, 1882 requires 15 days’ notice expiring with the end of a tenancy month.
What if the tenant does not vacate after the notice?
The landowner should not use force. Send a legal notice through a lawyer and, if needed, file a suit for eviction in the competent court or proceed under the Premises Rent Control Act, 1991.
Can a landowner keep the security deposit?
Only against unpaid rent, bills or proven damage as allowed in the agreement. The balance should be refunded at handover.
Is a notice to vacate the same as a legal notice?
A notice to vacate can be sent by the landowner directly. A legal notice is usually sent through a lawyer when the tenant fails to comply and court action is being considered.
For drafting a notice to vacate, a legal notice or tenant eviction proceedings, see Ain Bisharod’s leasehold property service or book an appointment.
