Legal Format • Updated 2026

Affidavit Objecting to Notice to Vacate Premises by Landlord

A clean, editable specimen affidavit for a landlord who seeks to object to a notice, proposed allotment or interference with occupation of premises. The exact provision, authority and relief must be adapted to the rent law applicable to the property.

When this affidavit may be used

This specimen may accompany an objection or application before the competent Rent Controller, Rent Authority, Estate Officer or other authority where a landlord disputes a notice affecting occupation of premises or asserts bona fide personal or family requirement.

Important: Rent-control law is not uniform across India. Do not insert a section number merely from this specimen. Confirm the applicable State/UT enactment, the authority having jurisdiction, the nature of the notice and any prescribed filing format before use.

Sample affidavit format

BEFORE THE [RENT CONTROLLER / COMPETENT AUTHORITY] AT __________

CASE / APPLICATION NO. ____ OF 20____

IN THE MATTER OF: OBJECTION TO NOTICE DATED __________ CONCERNING PREMISES NO. __________

Affidavit of Shri/Smt. __________, aged about ____ years, son/daughter/wife of __________, resident of __________.

I, __________, the above-named deponent, do hereby solemnly affirm and state as follows:

1. That I am the landlord/owner and the objector/applicant in the above matter and am fully acquainted with the facts and circumstances of the case and competent to swear this affidavit.

2. That the premises bearing No. __________, situated at __________, belong to / are lawfully held by me. The relevant title/ownership/tenancy documents are being filed with the accompanying objection/application, wherever required.

3. That a notice/order dated __________ has been issued concerning the said premises, requiring / proposing __________.

4. That I am in actual and lawful occupation of the whole / part of the premises described as __________.

5. That the relevant portion of the premises was earlier occupied by Shri/Smt. __________, who vacated the same on __________.

6. That after the said portion became vacant, it has been required and used by me and/or members of my family for bona fide residential / other lawful purposes, namely __________.

7. That my present accommodation is insufficient because __________. The family circumstances and accommodation available to me are briefly as follows: __________.

8. That prior to the impugned notice/order, I had informed / represented to the competent authority on __________ that the premises were required for my own use / family requirement and should not be allotted, released or dealt with contrary to law.

9. That despite the above facts, the notice/order dated __________ has been issued / proposed in favour of __________.

10. That the impugned notice/order is liable to be recalled, withdrawn or set aside because it is contrary to the applicable law and the material facts, and because __________.

11. That no third-party rights should be created and my lawful occupation should not be disturbed except in accordance with due process of law.

12. That the accompanying objection/application is bona fide and is made in the interest of justice.

DEPONENT

VERIFICATION

I, __________, the above-named deponent, verify that the contents of paragraphs 1 to ____ are true and correct to my personal knowledge and records; the contents of paragraphs ____ to ____ are based on information and legal advice believed by me to be true. No material fact has been concealed.

Verified at __________ on this ____ day of __________, 20____.

DEPONENT

Current legal reference: Delhi Rent Control Act, 1958

For premises to which the Delhi Rent Control Act, 1958 applies, the Act continues to contain provisions governing protection against eviction, recovery of possession, re-entry and proceedings before the Controller. The applicability of the Act depends on the premises and statutory exclusions, so the facts must be checked before relying on it.

  • Section 14: protection of tenants against eviction, subject to the statutory grounds in the Act.
  • Sections 14A-14D: special rights of recovery of immediate possession for specified categories of landlords.
  • Section 19: consequences and re-entry safeguards after possession is recovered for occupation in specified cases.
  • Section 20: recovery of possession for repairs/rebuilding and the tenant's right of re-entry in the circumstances stated in the section.
  • Sections 35-37: appointment, powers and procedure of Controllers.

Read the Delhi Rent Control Act, 1958 on India Code ↗

Legal position checked against the official India Code listing available in August 2026. Always verify later amendments, notifications and the law applicable to the particular premises before filing.

Drafting and filing notes

Replace every blank with facts supported by documents. Attach the impugned notice/order, proof of ownership or lawful interest, evidence of present occupation, earlier representations, and documents supporting bona fide requirement where relevant. The affidavit should be sworn/affirmed and attested in the manner required by the forum and local rules.

Avoid copying allegations such as "illegal", "without jurisdiction" or "mala fide" unless the accompanying objection explains the precise factual and legal basis. The prayer in the main application should match the relief supported by the governing statute.