LEGAL NOTICE OF RENT DEFAULT — COMMERCIAL PREMISES

A demand for payment of rent and other sums in arrears under the Lease. This notice does not terminate the tenancy.

Date: __________

TO:
__________, __________
__________

FROM:
__________, __________
__________

SUBJECT: Demand for payment of __________, being arrears of rent and other sums due under the Lease for the Premises described below, within __________ days of receipt of this notice.

Dear Sir / Madam,

1. THE PARTIES AND THE LEASE

1.1 __________ ("the Landlord") is entitled to receive the rent of the premises described in Clause 2 ("the Premises").

1.2 You, __________ ("the Tenant"), occupy the Premises under __________ ("the Lease"). The tenancy commenced on __________.

1.3 This notice is a demand for payment of sums due under the Lease. It does not terminate the Lease or the tenancy, and it is not a notice to quit or a notice of termination — a demand for payment and a notice ending a tenancy are different instruments serving different purposes, and this one is confined to the first.

2. THE PREMISES

2.1 The Premises are: __________, situated in __________.

3. RENT AND THE ARREARS

3.1 The rent presently reserved under the Lease is __________ per month, payable __________.

3.2 Rent and other sums payable under the Lease have not been paid for the period from __________ to __________, made up as follows: __________

3.3 The arrears of rent for that period amount to __________.

4. INTEREST AND LATE-PAYMENT CHARGES

4.1 __________.

5. THE TOTAL SUM DEMANDED

5.1 The total sum now due and demanded from the Tenant is __________, comprising the arrears of rent.

6. THE DEMAND FOR PAYMENT

6.1 The Landlord hereby calls upon the Tenant to pay the whole of the sum of __________ within __________ days of receipt of this notice.

6.3 Payment received after the date of this notice will be received and appropriated towards the outstanding liability described above. It will not by itself operate as a waiver of this notice or of any right or remedy of the Landlord.

7. IF PAYMENT IS NOT MADE

7.1 The Landlord records that __________.

7.2 If the Tenant fails to pay the whole of the sum demanded within the period stated in Clause 6.1, the Landlord reserves the right, without further notice beyond what the law or the Lease requires, to: (a) terminate the Lease and call upon the Tenant to deliver vacant possession of the Premises, by a separate notice given for that purpose; (b) institute proceedings, before whichever court or authority has jurisdiction, for recovery of the arrears, interest and costs, and for possession of the Premises; and (c) pursue any other right or remedy available under the Lease, under the Transfer of Property Act, 1882, under the rent law referred to in Clause 7.1, or otherwise in law.

7.3 This notice is confined to a demand for payment. It does not terminate the Lease or the tenancy, does not determine the tenancy under Section 106 or Section 111 of the Transfer of Property Act, 1882, and is not a notice to quit; nothing in this notice is to be read as doing so. The rights reserved in Clause 7.2 are cumulative and without prejudice to one another.

8. NO WAIVER

8.1 Nothing in this notice, no acceptance of any part payment by the Landlord, and no forbearance or delay on the Landlord's part shall amount to a waiver of this notice, of any breach of the Lease by the Tenant, or of any right or remedy of the Landlord, unless the Landlord agrees otherwise in a writing signed by or on behalf of the Landlord and expressly referring to this notice.

9. SERVICE OF THIS NOTICE

9.1 This notice is in writing and is signed by or on behalf of the Landlord. It is served __________.

9.2 A notice properly addressed, pre-paid and posted is presumed to have been served in the ordinary course of post: Section 27 of the General Clauses Act, 1897, read with the presumption that official acts have been regularly performed — Illustration (f) to Section 114 of the Indian Evidence Act, 1872, now Section 119(f) of the Bharatiya Sakshya Adhiniyam, 2023. Refusal to accept delivery will be treated as good service.

10. GOVERNING LAW AND JURISDICTION

10.1 This notice and the tenancy to which it relates are governed by the laws of India. Subject to any exclusive jurisdiction conferred by law on a Rent Authority, Rent Controller or other statutory authority, the courts at __________ will have jurisdiction.

11. REPLY

11.1 Please acknowledge receipt of this notice in writing, and confirm when and how payment will be made.

Yours faithfully,

_____________________________
__________
Landlord
__________
Date: __________

ACKNOWLEDGEMENT OF RECEIPT (for use where this notice is delivered by hand)

Received a copy of the above notice dated __________ for and on behalf of __________.

Name: _________________ Designation: _________________

Signature: _________________ Date: ____________