A tenant's notice of giving up possession under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017

A tenant of premises the Act applies to may give up possession on giving the notice the tenancy agreement requires, and, where the agreement says nothing about notice, on the minimum notice the Act fixes. The Act states that much about the notice and no more, and separately states when the security deposit is refunded after the premises are vacated. What the notice contains 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 the Act applies to observes all the terms and conditions of the tenancy agreement and is entitled to the benefits of itSection 29(1), Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017)
Notice as the agreement requires, or the minimum the Act fixes
The tenant may give up possession on giving such notice as the tenancy agreement requires; where the agreement has no stipulation about notice, notice to the landlord of at least the period the section fixes before giving up possessionSection 29(2), Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017)
In writing, naming the premises and the date possession is given up
The section does not say the notice is in writing; such notices are, and name the premises, the date possession is to be given up and the deposit to be refundedConvention rather than law

This document is under Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017), which is the Act in force in Tamil Nadu. 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), Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017)
  • The security deposit is refunded to the tenant within one month after the premises are vacated, after due deduction of any liability of the tenant — Section 11(2), Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017)

Not established

  • The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants 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 Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017) 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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