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Notice to Quit Commercial Premises

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₹99 · GST included

₹99

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Also called

  • Notice to Quit
  • Quit Notice
  • Section 106 Notice
  • Notice to Vacate Commercial Premises
  • Notice of Termination of Lease
  • Tenancy Determination Notice
  • Notice of Non-Renewal
  • Eviction Notice (landlord's)

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You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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Why you need it

When you need it

A landlord's written notice ending a commercial tenancy, requiring vacant possession by a date. Covers: a periodic tenancy under s.106 TPA; termination under an express lease clause; a fixed term expiring by efflux (s.111(a)); or forfeiture for breach with re-entry (s.111(g)). Not for a tenant serving notice; a leave and licence/coworking/franchise occupier; residential premises; an agreed exit (needs a surrender deed); or rent-controlled premises needing a statutory ground before the Rent Controller. Favours the landlord.

See stamp duty, registration and witnesses

What follows is the position for this kind of document. The amount is set by the state the property is in and it changes, so the figure for your own state is worth confirming at the sub-registrar’s office before you pay anything.

Stamp duty

No stamp duty — creates/transfers nothing, so it's not a Schedule I instrument; plain paper or letterhead. Duty bites on what follows: a mutual surrender deed is chargeable under Article 61 (usually fixed, ad valorem if money is paid for the surrender). Under-stamping risks impounding (s.33) and penalty (s.35).

Registration

Not registrable — outside s.17, no time limit runs. If the lease was registered (compulsory under s.17(1)(d)), the register still shows it subsisting — closing it needs a separate surrender deed, itself registrable. An unregistered-but-should-be lease can't prove its term under s.49, leaving only a s.106 periodic tenancy.

Notarisation

Not required — doesn't prove receipt. What matters: registered-post receipt/acknowledgement card or tracking, courier proof, signed hand-delivery acknowledgement, or email record. Refusal to accept is generally good service. Later, an advocate's affidavit of service exhibiting these is what gets sworn.

Witnesses

None required — s.106(4) TPA needs only writing signed by/for the giver. Witnesses matter for hand delivery (receiver's name/signature/date/stamp), affixture where tender fails (two independent witnesses, panchnama, photographs), and signatory authority (board resolution/POA, since tenants often challenge it).

Talk to a lawyer about this document₹3,539 including GST (₹2,999 + 18% GST), per documentRequest Stamp Paper

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NOTICE TO QUIT AND TO DELIVER VACANT POSSESSION OF COMMERCIAL PREMISES

Notice under Sections 106 and 111 of the Transfer of Property Act, 1882

Date: 1 April 2026

TO:
Acme Retail Private Limited, an individual
X
And also at: X
Email: X

FROM:
Sunrise Estates Private Limited, an individual
X

SUBJECT: Determination of your tenancy of the commercial premises described below, and requirement to deliver vacant possession on or before 5 April 2026.

Dear Sir / Madam,

1. THE PARTIES AND THE TENANCY

1.1 Sunrise Estates Private Limited ("the Landlord") is entitled to the reversion in, and is the lessor of, the premises described in Clause 2 ("the Premises").

1.2 You, Acme Retail Private Limited ("the Tenant"), occupy the Premises under a registered Lease Deed dated 2 April 2026, registered with the Sub-Registrar, Andheri-3, as Document No. BDR-3/4521/2021 ("the Lease"). The tenancy commenced on 3 April 2026. The term of the Lease is due to expire, by efflux of time, on 4 April 2026.

1.3 In this notice, "the Lease" means the arrangement described in Clause 1.2, whether written or oral, together with every variation, renewal, extension or supplement to it.

2. THE PREMISES

2.1 The Premises are: Shop No. 4, Ground Floor, admeasuring 820 sq. ft. carpet area, Meridian Plaza, CTS No. 231/4, Linking Road, Bandra (West), Mumbai 400050, situated in the State of Maharashtra.

2.2 The Premises are let for a commercial purpose other than agriculture or manufacture — shop, office, showroom, warehouse, restaurant or similar — for which Section 106(1) of the Transfer of Property Act, 1882 would supply a tenancy from month to month terminable by fifteen days' notice, in the absence of a contract to the contrary.

3. RENT AND DEPOSIT

3.1 The rent presently reserved is ₹25,000 (Rupees Twenty Five Thousand only) per month, together with goods and services tax where payable and the municipal, utility and other charges and outgoings payable by the Tenant under the Lease.

3.2 The Landlord holds a refundable security deposit of ₹25,000 (Rupees Twenty Five Thousand only) paid by the Tenant.

4. DETERMINATION OF THE TENANCY

4.1 The tenancy is a periodic tenancy from month to month, and the Landlord hereby determines it by this notice given under Section 106 of the Transfer of Property Act, 1882.

4.2 The period of notice given by this notice is three (3) months, which is the period of notice expressly required by the Lease. The Landlord relies on Clause 14.2 of the Lease.

4.3 The tenancy stands determined with effect from the expiry of 5 April 2026 (the "Determination Date"). The Determination Date is the last day on which the Tenant may lawfully remain in the Premises. The tenancy comes to an end at midnight on that date, and the Tenant's right to occupy the Premises ceases from that moment.

4.4 If the period of notice given by this notice is for any reason found to be shorter than the period required, this notice shall take effect on the expiry of the shortest period lawfully required, reckoned from the Tenant's receipt of it. The Landlord relies on Section 106(3) of the Transfer of Property Act, 1882, under which a notice is not invalid merely because the period stated in it falls short of the statutory period, where the suit or proceeding is filed after the expiry of the statutory period.

Arrears and other sums due

A sum of ₹25,000 (Rupees Twenty Five Thousand only) is due and payable by the Tenant to the Landlord in respect of rent for the months of July to October 2026 and maintenance charges for the same period, and remains unpaid.

The Tenant is required to pay this amount to the Landlord on or before 7 April 2026.

Payment of arrears after the date of this notice will be received and appropriated towards the outstanding liability. It will not operate as a waiver of this notice, will not revive or extend the tenancy, and will not create any fresh tenancy.

What this document is for

A landlord uses this to formally end a commercial tenancy and require the tenant to hand back vacant possession by a stated date — whether the tenancy runs periodically month to month, is being ended under an express clause in the lease, is simply expiring at the end of its fixed term, or is being ended early for a breach the lease allows re-entry for.

It fixes the notice period and the date possession is required, states the condition the premises must be handed back in, and sets out what the landlord will charge if the tenant stays on beyond that date. It is written from the landlord’s side and, as drafted, favours the landlord’s position rather than a neutral one.

Before you use this — check what actually governs this tenancy

This notice is built around section 106 of the Transfer of Property Act, 1882, which supplies a default notice period only where the lease itself is silent and where no state rent-control statute displaces it. Several states protect commercial tenants under their own legislation, with eviction available only on a statutory ground before a specified authority rather than simply on the expiry of this notice, so check first whether such a statute covers these premises. And even where a state statute does apply, the Supreme Court held in V. Dhanapal Chettiar v. Yesodai Ammal (1979) that determining the tenancy under section 106 is not actually a precondition to an eviction petition under it; serving this notice does no harm, but it should not be assumed to be a required first step.

Getting the notice period wrong is the single commonest reason a quit notice fails: a tenancy for manufacturing purposes is a yearly tenancy under section 106(1), needing six months’ notice, while an ordinary commercial letting is monthly, needing only fifteen days — check that the purpose, the basis for ending the tenancy and the length of notice given on this form all agree with each other before it is served.

Stamp paper and registration

Stamp paper needed

No

Typical stamp duty — Punjab

No stamp duty — this notice creates or transfers nothing, so it is not a chargeable instrument; plain paper or letterhead is enough. Duty only bites on what follows it: a mutual surrender deed, if the parties agree one instead of a contested exit, is separately chargeable.

Typical stamp duty — Chandigarh

Same position — no stamp duty applies to the notice itself, for the same reason.

Registration at the Sub-Registrar

No — Not registrable — it falls outside section 17 of the Registration Act, 1908 altogether, so no time limit runs against it. If the lease being ended was itself registered, note that ending it with this notice does not clear the register: the lease still shows as subsisting until a separate deed of surrender is executed and registered.

Notary or witnesses

Not required, and notarising it does not prove it was received. What actually proves service is the registered-post receipt and acknowledgement card, courier tracking, a signed hand-delivery acknowledgement, or an email record — a tenant’s refusal to accept delivery generally still counts as good service. Keep this evidence, since an advocate’s affidavit of service exhibiting it is what gets sworn if the matter proceeds further.

What you will need before you start

  • The tenancy document — a registered lease, an unregistered written lease, a written tenancy agreement, or the basis for an oral tenancy — and its registration particulars if it has any
  • Confirmation of whether the premises are used for manufacturing purposes, since this decides the statutory notice period if the lease itself does not fix one
  • The exact basis on which the tenancy is being ended — a periodic determination, an express lease clause, expiry by efflux of time, or forfeiture for a specific breach
  • For a forfeiture, the particular clause relied on and the specific breach, since a notice that does not name them will not support a later suit
  • The condition the premises must be handed back in, matching what the lease itself actually requires, not a general reference to building norms

Common mistakes

  • Giving fifteen days’ notice to end a tenancy that is actually for manufacturing purposes — that combination needs six months under section 106(1) unless the lease itself fixes a shorter period, and a short notice to a manufacturing tenant is the most common reason this kind of notice fails.
  • Using this notice on an occupier who actually holds under a leave and licence, a coworking membership or a franchise — those are ended by revoking the licence, not by a notice under section 106, which applies only to a tenancy.
  • Relying on a forfeiture clause without naming the exact clause and the specific breach in the notice itself — section 114A of the Transfer of Property Act, 1882 requires the particulars to be stated, and a forfeiture notice that gives none will not support a later suit for ejectment.

Questions people ask before using this document

How much notice does a landlord have to give to end a commercial tenancy?

It depends on the purpose the premises are let for, where the lease itself is silent on the point. An ordinary commercial letting — a shop, office, showroom or warehouse — is a monthly tenancy under section 106(1) of the Transfer of Property Act, 1882, needing fifteen days’ notice; premises let for manufacturing purposes are a yearly tenancy under the same section, needing six months’. Getting this pairing wrong is the commonest reason a quit notice fails.

Can this notice be used to end a coworking or leave-and-licence arrangement?

No. This notice is written for a tenancy — an arrangement where an interest in the property has passed under section 105 of the Transfer of Property Act, 1882 — and it is not the right document for a leave and licence, a coworking membership or a franchise, none of which create that interest. Those are ended by revoking the licence under the Indian Easements Act, 1882, not by a notice under section 106.

Does this notice work even if a state rent-control law protects the tenant?

Not on its own. Where a state rent-control statute covers the premises, possession is generally available only on a statutory ground before the authority that statute names, and serving this notice does not bypass that process. Serving it does no harm and is common practice, but confirm first whether such a statute applies to these premises before assuming the notice period alone will secure possession.

What has to be in the notice if the landlord is ending the lease for the tenant’s breach?

The lease must contain an express condition allowing re-entry on breach, and the notice must specify the particular breach complained of, under section 114A of the Transfer of Property Act, 1882 — a forfeiture notice that gives no particulars will not support a later suit for ejectment. Where the breach is capable of being remedied, a chance to remedy it is usually required too, though section 114A does not extend that chance to an unauthorised assignment, sub-letting or parting with possession, or to forfeiture for non-payment of rent.

What can the landlord charge if the tenant does not vacate by the date in the notice?

This notice fixes a rate — commonly the ordinary rent, one and a half times it, or double it, calculated per day of continued occupation — as damages for holding over. That figure is a stipulated sum rather than a guaranteed award: under section 74 of the Indian Contract Act, 1872 a court can read it down to the loss actually proved, and mesne profits based on comparable market rent are sometimes awarded instead.

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