A tenant's notice of giving up possession under the Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017

A tenant in possession of premises the Act applies to observes the terms of the tenancy agreement and is entitled to its benefits, and may give up possession on giving the notice the agreement requires — or, where the agreement stipulates none, the minimum the section fixes. The Act states that, and separately states when the security deposit is refunded. What the notice contains beyond the notice itself is not prescribed by the section.

What such a document contains

The tenant observes the agreement and is entitled to its benefits
Every tenant in possession of premises to which the Act applies observes all the terms and conditions of the tenancy agreement and is entitled to the benefits of itSection 29(1), Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018)
Notice as the agreement requires, or the minimum the Act fixes
Notwithstanding anything in the Act or any other law in force, the tenant may give up possession of the premises on giving such notice as the tenancy agreement requires; in the absence of any stipulation about such notice, notice to the landlord of at least the period the sub-section fixes before giving up possessionSection 29(2), Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018)
Naming the premises and the date possession is given up
The section requires notice and says nothing of its contents; such notices name the premises, the date possession is to be given up and the deposit to be refundedConvention rather than law

This document is under Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018), which is the Act in force in Andhra Pradesh. A tenancy in another State is under that State's own Act.

The periods that attach to it

  • Where the tenancy agreement makes no stipulation about notice, at least one month's notice to the landlord before giving up possession of the premises — Section 29(2), Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018)
  • The security deposit is refunded to the tenant within the period the sub-section fixes after the premises are vacated, after due deduction of any liability of the tenant — Section 11(2), Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018)

Not established

  • The Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 applies to the areas it names or the State Government notifies, and not to every premises inside them — it exempts the classes its own sections and notifications exempt. Whether a particular premises is inside the Act is not established here; outside it, the general law of leases in the Transfer of Property Act governs the notice and the ending of the tenancy instead.

What this guide is not

Of the points listed below, two are fixed by the Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018) itself and one are convention — such documents carry them, and no provision read for this section requires them. This is a description of a kind of document and not a document — confirm the contents of any document in a particular matter with an advocate.

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