Eviction Notice under Section 106 of the TPA
Section 106 was amended in 2002 to reduce the statutory notice for monthly tenancies. The drafting standard hasn't fully caught up — and that is why so many eviction suits fail at the threshold.
Introduction
Section 106 governs termination of monthly tenancies. The 2002 amendment brought the notice to 15 days ending with the month, and made minor irregularities non-fatal where substantial compliance is shown. Yet eviction suits routinely fail because the notice was wrongly computed.
When to Use This Prompt
- Month-to-month tenancy needs termination.
- Rent Control statutes inapplicable.
- Landlord intends to follow with eviction suit.
- Arrears and mesne profits also to be preserved.
Statutory & Case-Law Backdrop
Section 106 prescribes notice for leases without express provision. Monthly tenancies: 15 days expiring with the end of the month. The 2002 amendment saves irregularities where substantial purpose is achieved.
The Prompt
Paste into ChatGPT, Claude or Gemini. Replace every bracketed placeholder with your specific facts before generating.
Draft a notice under Section 106 of the Transfer of Property Act, 1882 terminating the month-to-month tenancy of [TENANT] in respect of [PREMISES]. Inputs: - Landlord: [NAME, ADDRESS] - Tenant: [NAME, ADDRESS] - Premises: [DESCRIPTION] - Commencement: [DATE] - Rent: Rs. [AMOUNT] - Ground: [BONA FIDE NEED / NON-PAYMENT / EXPIRY] Structure: addressee, recital of tenancy, ground, statutory termination on expiry of 15 days from receipt ending with month of tenancy, demand for vacant possession, reservation for arrears and mesne profits. Service by registered post AD and courier.
Anatomy of the Draft
Why the prompt is built the way it is — section by section.
Recital of tenancy
Commencement date, rent, description, basis (written or oral).
Ground of termination
Bona fide need, non-payment, breach, expiry of will.
Statutory termination
Operative language terminating with effect from expiry of notice — coinciding with end of month of tenancy.
Demand and reservation
Vacant possession, arrears, mesne profits at market rate from termination.
Common Mistakes to Avoid
- ×Computing 15 days from date of notice rather than receipt and ending with month of tenancy.
- ×Forgetting to demand arrears separately.
- ×Not reserving mesne profits.
- ×Service to stale address.
Frequently Asked Questions
Same 15 days for commercial tenancies?+
Yes for monthly tenancies under TPA. Where State Rent Act applies, follow its requirements.
Tenant disputes receipt?+
Postal proof and tracking establish receipt. Refusal is deemed service.
Composite notice for arrears and eviction?+
Yes, enforceable; demarcate clearly.
Final Thoughts
A clean Section 106 notice is short, statute-aligned and arithmetically precise on the notice period.
Disclaimer
This article is for informational and drafting-aid purposes only. It is not legal advice. AI-generated drafts must be reviewed by qualified counsel before filing or being relied upon. Verify every citation and statutory reference against the original source.
Related Prompts in Notices & Compliance
Legal Notice for Breach of Contract
Pre-litigation notice demanding performance or damages within 15 days.
RTI Application under Section 6 RTI Act
Crisp RTI request with specific, time-bound queries to the PIO.
Consumer Complaint before District Commission
Consumer Protection Act 2019 complaint with deficiency in service grounds.