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
Under 10 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
This notice states that the lessor/landlord/owner of the property will exercise their rights to terminate a lease, and potentially evict the tenant through re-entry or forfeiture, based on a breach, generally non-payment of rent or utilities. This right, however, can only be exercised within certain parameters, namely those stated in the lease and any relevant state legislation. You should ensure that you understand, in particular, any notice requirements or remedy periods that must be given before termination is effective. This notice is intended as an unconditional declaration of the intention to terminate the lease based on the Lessor's right to do so. Before sending this notice, you should ensure that you have such a right, otherwise this notice may be considered a repudiation in breach of the lease and you may be required to pay damages.
For a notice that gives the tenant an opportunity to remedy the breach of the lease, see Breach of Lease Warning Letter (Commercial Lease).
The Legal Risk Score of a Notice to Vacate for Breach (Commercial 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.
Notice to Vacate for Breach (Commercial Lease) Checklist
Complete your free Notice to Vacate for Breach (Commercial 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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