21. Termination of tenancy.––

(1) A Tenancy may be terminated only in accordance with the Act in the following manner :––

Landlord may give a notice of three months to the tenant if––

(i) the landlord bonafidely requires possession of rental unit for the purpose of residential or commercial occupation by the landlord himself, his spouse or a child or parent of the landlord ; or

(ii) the landlord requires possession of rental unit in order to––

(a) demolish it ;

(b) convert it to some other use ; or

(c) do repairs or renovation that require vacant possession of the unit.

(2) The landlord may give a notice of fifteen days to terminate the tenancy if the tenant has :––

(i) not paid rent for two months consecutively ;

(ii) sublet the premises without permission of the landlord ;

(iii) caused substantial damage to the rental unit ;

(iv) caused nuisance or annoyance to the neighbours ;

(v) used the premises for illegal or immoral purposes ; or

(vi) violated any condition set in the tenancy agreement.

(3) The tenant may give a notice of two months, or two month’s rent in lieu of notice, to the landlord to terminate the tenancy in case the tenancy is for more than a year or one month’s notice, or one month’s rent in lieu of notice, in case the tenancy is for less than a year.

(4) In case of fixed period tenancy, the tenancy is terminated at the end of the fixed period and no notice is required to be served to the tenant to vacate the rental unit.

(5) In case of tenancies of more than five years the landlord may serve a notice of six months to the tenant during the term of tenancy, to vacate the rental unit, at the end of notice period, without giving any reason to terminate the tenancy

(6) In case the rental unit was given to the tenant for use as residence by reason of his being in the service or employment of the landlord, the tenancy will terminate when the tenant ceases to be in such service or employment.

22. Notice to be given for termination. ––

(1) If a notice of termination is given in accordance with the Act and the tenant vacates the rental unit in accordance with the notice, the tenancy is terminated on the date set out in the notice.

(2) A notice of termination need not be given if a landlord and tenant have agreed to terminate the tenancy or if the tenancy is for a fixed period.

(3) The notice of termination shall include––

(i) identification of rental unit for which the notice is given ;

(ii) the date on which the tenancy is to terminate ; and

(iii) signature of the person(s) giving the notice.

(4) If the notice is given by the landlord, it shall also set out the reasons relating to termination and inform the tenant that––

(i) if the tenant vacates the rental unit in accordance with the notice, the tenancy terminates on the date set out in the notice ;

(ii) if the tenant does not vacate the rental unit, the landlord may apply to the Rent Controller for an order terminating the tenancy and evicting the tenant ; and

(iii) if the landlord applies for an order, the tenant is entitled to dispute the application.

23. Vacant possession to the landlord.––

In case the tenancy is terminated by notice, agreement or order, the landlord will have the right to vacant possession of the rental unit.

24. Successor in title to landlord.––

A person other than a landlord who would be entitled to possession (either by purchase or by succession or by any other reason) of the rental unit shall notify the tenant as soon as practicable, after becoming so entitled that the person would be entitled to possession and that the person who was landlord is no longer landlord and that the tenancy will continue on same terms and conditions as in the existing tenancy agreement with the previous landlord.

25. Compensation in case of non-vacancy.––

A landlord is entitled to compensation of double the monthly rent for the use and occupation of a rental unit by a tenant who does not vacate the unit after his tenancy has been terminated by order, notice or agreement, as the case may be.

26. Notice for Inspection in case of sale.––

If the landlord intends to sell the rental unit, he shall give the tenant notice of fourteen days before the rental unit is to be made available for inspection of prospective buyers.

27. Refund of advance rent.––

The landlord shall before recovery of possession of rental unit refund rent and other payment, if any, received in advance from the tenant, where tenant vacates the premises on a notice given by the landlord under clauses I and II of section 21 :

Provided that refund shall be made by the landlord after deducting the rent and other charges due to him within one month of termination of tenancy.

28. Payment of rent during eviction proceedings.––

Where in any proceedings for termination of tenancy by the landlord on any ground, the tenant contests the claim for eviction, the landlord may, at any stage of proceedings, apply to the Rent Controller to direct the tenant to pay to the landlord rent payable under section 8 and the Rent Controller may order the tenant to make such payment regularly to the landlord by tenth of every month and all other charges due from the tenant along with penal charges, if any, due to delay in payment of the same.