Notice to Vacate for Breach (Commercial Lease)

This Notice to Vacate can be used as a legally enforceable notice to vacate a leased commercial 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

Notice to Vacate for Breach (Commercial Lease)

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What is a notice to vacate for breach (commercial lease)?

A notice to vacate for breach is a formal document used by a landlord to require a commercial tenant to leave the premises due to a breach of the lease agreement.
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When should you use a notice to vacate for breach (commercial lease)?

You should use this notice when a commercial tenant has breached the lease, such as by not paying rent or utilities, and you intend to terminate the lease and require them to vacate.
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What should be in a notice to vacate for breach (commercial lease)?

The notice should clearly state the breach, the intention to terminate the lease, the date to vacate, and comply with any notice and remedy periods required by the lease and relevant legislation.
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Frequently asked questions

What is a notice to vacate for breach (commercial lease)?

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When should you use a notice to vacate for breach (commercial lease)?

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What should be in a notice to vacate for breach (commercial lease)?

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What protections does this notice provide to landlords?

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Are there any risks in using this notice?

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Does this notice allow the tenant to fix the breach?

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What should I do after sending the notice?

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View Sample Notice to Vacate for Breach (Commercial Lease)

Notice to Vacate for Breach (Commercial Lease)
risk level indicator at Medium level

The Legal Risk Score of a Notice to Vacate for Breach (Commercial Lease) Template is Medium

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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