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Notice to Vacate for Breach (Residential Lease)

This Notice to Vacate can be used as a legally enforceable notice to vacate a leased residential property on the basis of a breach of the Lease.

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Last updated January 22, 2025

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Suitable for Australia

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Written by

Edwin Montoya Zorrilla

Reviewed by

Damin Murdock

Document Overview

This notice is a legally effective document stating that the landlord/owner of the property will exercise their rights to terminate a lease, and potentially evict a tenant, based on a breach, generally non-payment of rent or utilities. This right, however, can only be exercised within certain parameters. For instance, in NSW, under the Residential Tenancies Act 2010 (NSW):

  • the non-payment must have begun at least 14 days prior for this notice to be effective;
  • the notice must give tenants a 14 day period before they must vacate the property; and
  • the notice must state that it gives tenants the opportunity to correct the breach by paying outstanding amounts, before they must vacate the property.

The laws may vary from state to state. It is important to be aware of the laws in your state before sending such a notice, as it may be an offence to misrepresent yours and the tenant's rights.

This notice may be used as part of a series of notices. For a warning that can be sent following the breach but before two weeks have passed, see the Breach of Lease Warning Letter (Residential Lease). For a notice that can be sent once the two-week notice period has passed and the tenant must vacate the property, see Eviction Notice (Residential Lease).

The Legal Risk Score of a Notice to Vacate for Breach (Residential Lease) Template

Our legal team have marked this document as medium risk considering:

  • The document does not give the tenant further right to appeal, and this could make them antagonistic.
  • The notice lacks detailed instructions or requirements for the tenant on how to vacate the property, potentially leading to non-compliance with lease terms that are not explicitly reiterated in this notice.
  • If the notice is not made in the manner required by the agreement and by legislation, it could create liability for the sender.

Users familiar with lease agreements might find this document straightforward, but should be cautious of the broad language that might allow for varied interpretations and enforceability issues.

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Notice to Vacate for Breach (Residential Lease) Checklist

Complete your free Notice to Vacate for Breach (Residential Lease) with our checklist

Confirm Receipt

Ensure that the tenant confirms receipt of this notice by replying to the specified email address at their earliest convenience.

Record Keeping

Maintain a copy of the notice and any correspondence or acknowledgments received in response to this notice for legal and record-keeping purposes.

Monitor Compliance

Regularly check to ensure that the tenant is preparing to vacate the property by the specified date and in accordance with the lease terms mentioned in the notice.

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