Notice period for vacating a rented flat or house in India
By Giridhar Reddy, founder of Domvio, Bengaluru
Published
The notice period for vacating a rented flat is whatever your rent agreement says, often one or two months. If the agreement is silent and the tenancy runs month to month, section 106 of the Transfer of Property Act sets 15 days' written notice. A lock-in clause or your state's rent law can change this, so read the agreement first.
This is a sample for general information, not legal advice. Laws differ by state. It has not yet been reviewed by a lawyer. Have a lawyer examine it for your situation before you use or rely on it.
Start with your rent agreement
Most Indian rent agreements, including the common 11-month agreement, have a clause on ending the tenancy early. Look for three things:
- The notice period: how many days or months of notice either side must give, and whether it must be in writing.
- A lock-in period: months during which neither side may end the agreement, or only by paying rent for the rest of the lock-in.
- What happens if notice is short: many agreements let the owner keep rent for the days of notice not served, often from the deposit.
Both sides signed these terms, so they usually apply. If your agreement has no notice clause, or there is no written agreement at all, the rules below fill the gap.
What the law says when the agreement is silent
Section 106 of the Transfer of Property Act, 1882 treats a lease of a home, without a contract, local law or usage saying otherwise, as a lease from month to month. Either side can end it with 15 days' notice.
- The 15 days run from the day the notice is received, not the day it is written.
- It must be in writing and signed by you or someone on your behalf.
- It must reach the other side: by post, by hand to the owner or a family member at their home, or, if neither is possible, fixed to a conspicuous part of the property.
- A notice that names too short a period is not invalid for that reason alone, as long as any legal proceedings start after the 15 days have run.
Some states have their own rent laws, and the Model Tenancy Act, 2021 asks states to set up a Rent Authority for tenancy agreements (PRS summary). Andhra Pradesh, Tamil Nadu, Uttar Pradesh and Assam had revised their laws on its lines by July 2022 (PIB). If your home is in one of those states, ask a lawyer whether that law sets a different notice period.
Notice periods at a glance
| Your situation | Notice you usually need to give |
|---|---|
| Agreement sets a notice period | That period, in the form the agreement asks for |
| Still inside a lock-in period | Read the lock-in clause: you may owe rent for the rest of it |
| Agreement has ended and you stay on month to month | The old notice clause if you both still follow it; otherwise 15 days under section 106 |
| No written agreement, rent paid monthly | 15 days' written notice under section 106 |
| A PG bed or room under house rules | The PG's own rules; see the PG notice period guide |
Leaving during the lock-in period
A lock-in is a promise to stay for a minimum time. If you must leave early, talk to the owner before you send notice. Owners often agree to a shorter exit if you find a new tenant, give extra notice, or let them show the flat to new tenants while you are still there. Whatever you agree, put it in writing before you rely on it.
Do not just stop paying
Leaving without notice, or stopping rent to use up the deposit, usually means the owner deducts rent for the notice not served and can lead to a dispute over the whole deposit. This page is general information, not legal advice.
How to give notice to vacate
Write a short letter
Name the property, your last day of stay, the notice period in your agreement and a request to inspect the home together. The free rent notice letter generator writes it for you.
Send it the way the agreement asks
Send the signed letter as a PDF on WhatsApp or email, and by post or by hand if your agreement asks for written notice. Keep a copy.
Get an acknowledgement
A one-line reply from the owner fixes the date notice was received, which is when the period starts.
Plan the handover
Agree a time to check the home against your move-in checklist, read the meters and return the keys. Then ask for the deposit; see how to get your security deposit back.
When the landlord asks you to leave
The same notice rules apply to the owner: the agreement first, and section 106 where it is silent. A notice does not let the owner change the locks, cut the power or remove your things; if a tenant does not leave, the owner has to go through the courts or, where one exists, the Rent Authority. Landlords facing a tenant who neither pays nor leaves can read our guide on a tenant not paying rent.
For landlords: notice is easier with a clean rent record
Know exactly what was paid when a tenant leaves
Domvio sends tenants a WhatsApp reminder before rent is due, takes rent to your own UPI ID, and sends both of you a PDF receipt for every payment. At notice time, the last months are already on record. It does not write notices or settle deposits. See the rent collection app.
Frequently asked questions
What is the notice period for vacating a rented house in India?
The period in your rent agreement, commonly one or two months. If there is no agreement on it and the tenancy is month to month, section 106 of the Transfer of Property Act sets 15 days' written notice.
Can I vacate a flat before the 11-month agreement ends?
Yes, if you give the notice the agreement asks for and you are outside any lock-in. Inside a lock-in, you may owe rent for the rest of it unless the owner agrees otherwise in writing.
Is notice on WhatsApp valid?
Many agreements accept WhatsApp or email. Section 106 asks for written, signed notice delivered by post or by hand, so if in doubt, send a signed letter as well and keep proof of delivery.
Does the notice period start from the day I send it?
Under section 106 it runs from the day the other side receives the notice. Ask for an acknowledgement so the date is clear.
What if I leave without serving the full notice?
Most agreements let the owner charge rent for the days of notice not served, often from the deposit. Agree any shorter notice in writing before you leave.
Stop chasing rent every month
Domvio reminds your tenants on WhatsApp, takes rent straight to your UPI ID and sends PDF receipts automatically. Free during early access.