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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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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).

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