Notice to vacate: draft for an owner in Maharashtra
Choose whether the person in your flat is a licensee or a tenant, then fill in the details to get a draft notice to review. The two have different rights under the Maharashtra Rent Control Act, 1999. A notice records what you are asking for, but it does not let you remove anyone by force.
This is general information, not legal advice for your situation. What you type stays in your browser unless you choose to send it to an advocate.
Step 1: who is in your flat?
Step 2: your draft notice
Licensee or tenant: why it matters
| Point | Licensee | Tenant |
|---|---|---|
| Usual paper | A written leave and licence agreement for a fixed period | A rent agreement, rent receipts or an older tenancy, sometimes with no current agreement |
| When possession is due | When the licence period expires (Section 24) | The landlord generally cannot recover possession while the tenant pays or is ready to pay the standard rent and permitted increases and keeps to the terms (Section 15), unless a ground in Section 16 applies |
| Where the owner applies | The Competent Authority, for premises given on licence for residence | The court named in Section 33, such as the Court of Small Causes in Mumbai |
| Effect of no registered agreement | The occupant’s version of the terms prevails unless proved otherwise (Section 55) | The same rule applies to letting |
The name on the document does not settle this by itself, and the Act has exemptions, for example for some premises let to banks and larger companies (Section 3). This table covers residential flats. A shop or office given on licence falls outside Section 24, so please speak to an advocate.
What a notice cannot do
The notice alone does not let an owner remove anyone by force. Please do not change the locks, remove belongings, or cut off water or electricity. Section 29 specifically bars a landlord from cutting off an essential supply or service to a tenant without just or sufficient cause. Possession should come through the order of the Competent Authority or the court.
After you send it
- Send it by a method that gives you proof, such as registered post with acknowledgement due or speed post. Keep the receipt and the tracking record.
- Keep your agreement, the registration papers, payment records and any replies together.
- If the person replies with a different account of the terms, do not respond in anger. Show the reply to your advocate.
- Think before accepting further payment after the end date. Ask your advocate how to record it, so that it is not read as a new arrangement.
In an application by an owner, Section 43 sets a special procedure with a summons, and the occupant must ask for leave to defend. The Housing Department’s rent control website lists orders by division, including Konkan and Pune.
Our page on landlord and tenant disputes explains more about how these matters run.
Common questions
Can an owner remove an occupant by force after sending a notice?
No. A notice records your demand and the date you made it. It gives no power to remove anyone, change the locks or take belongings. If the person stays, you must apply to the Competent Authority or the court, and possession then follows the order that is passed.
What is the difference between a licensee and a tenant in Maharashtra?
A licensee occupies under a leave and licence agreement, and Section 24 requires handing back a residential flat when the licence period ends. A tenant has wider protection. The landlord generally has to satisfy a court that a ground under Section 15 or 16 of the Act applies.
Is a notice required before applying under Section 24?
Section 24 turns on the licence period having expired and does not itself set a notice period. Many owners still send a written notice to record the demand and the date. Your agreement may have its own notice clause, so an advocate should read it before you act.
What happens if a licensee stays after the licence period ends?
The owner can apply to the Competent Authority for an eviction order. The authority passes the order on being satisfied that the licence period has expired, following the special procedure in the Act. Section 24(2) also makes the licensee liable for damages at double the licence fee until dispossessed.
Can a landlord recover a flat from a tenant because the landlord needs it?
Possibly. Section 16(1)(g) covers premises reasonably and bona fide required by the landlord for occupation. The court must be satisfied of this, and Section 16(2) also has it weigh the hardship to both sides. A notice alone does not end the tenant's protection.
What notice applies if a tenant has not paid rent?
Section 15(2) bars a suit for non-payment of standard rent or permitted increases until 90 days after a written demand is served in the manner set by Section 106 of the Transfer of Property Act. Section 15(3) also lets the tenant avoid eviction by paying within a set time.