Notice of Lease Termination (from Landlord)
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What is a notice of lease termination?
A notice of lease termination is a formal written letter used by landlords to end a tenancy agreement in Australia. This document helps to notify tenants about the upcoming termination in a polite, professional, and compliant way. The document serves as an official proof and can be used in the court in case of a dispute.
This notice of termination of lease template is suitable for a range of situations and can be helpful for:
- property owners needing to end an existing residential tenancy agreement in compliance with Australian state or territory legislation;
- landlords seeking a reliable notice termination of lease template to end commercial leases and retail tenancy agreements;
- property management companies and real estate agents looking for a comprehensive notice lease termination sample for everyday use.
When should a landlord use this letter?
This lease termination notice can be used in a variety of situations across all Australian states and territories, including
- terminating a fixed-term, periodic, or short-term rental contract;
- ending a commercial or residential tenancy;
- terminating an existing lease due to severe material breach;
- ending the contract due to the expiration of its original term;
- terminating the tenancy because the property has been sold;
- terminating the tenancy because the landlord requires it for a personal or business use;
- termination of the tenancy due to the abandonment by the tenant.
Landlords can also use this template for any other circumstances not listed above.
What’s included in the lease agreement termination notice?
Australian state and territory legislation, including residential tenancy or retail tenancy acts, does not prescribe a strict format a notice of termination of lease must have. In Australia, a typical lease termination notice includes
- Tenancy Details. This section should clearly define the full name of a tenant to whom the letter is being sent. The document must also state the full name of the existing tenancy agreement and the start date of the lease, as well as the detailed property location.
- Reason for Termination. Regardless of the type of lease, the text of a lease agreement termination notice must clearly state the reason for termination. The reasons may include expiration of the original term, sale of property, etc. It is important to note that Australian law prohibits termination of tenancy without a valid reason.
- Notice Period. This is the most crucial element for any notice of lease termination. Failure to comply with the notice period may result in the contract’s termination not being valid. A landlord must first check provisions of the existing lease agreement to find out the minimum required notice period. If the contract is silent, then it is better to refer to the retail lease act or residential tenancy act of the state or territory where the leased property is located. The minimum required notice period is 14 days for short-term arrangements and 90 days for long-term tenancy. Finally, the notice must state the final date on which the tenancy shall end.
- Additional Information. Depending on the circumstances of termination, the landlord may wish to add additional information. For example, when termination relates to the unpaid rent on time, the landlord may set out the final deadline for paying the rent. Or, if the landlord is abroad and not able to pick up keys from the property, the landlord may provide instructions on where the keys should be left.
- Sign and Send. A notice to terminate lease agreement must be signed and dated by the landlord. This letter must be sent to the tenant’s mailing address provided in the text of the original tenancy agreement.
How to customise this notice of lease termination with FasterDraft?
To get a fully customisable letter template, follow the instructions given below:
- Click the “Create Document” button.
- Answer simple questions in the form.
- Select a template’s format – notice termination of lease PDF or Word.
- E-sign the document.
- Make a payment.
The document is available for instant download after the purchase.
Table of content
Frequently Asked Questions (FAQ)
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1. Is this template suitable for residential and commercial leases?
Yes. This lease termination notice can be used by a landlord to end a variety of lease agreements, including residential tenancy agreements, commercial lease contracts, retail tenancy agreements, etc.
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2. Can I customise it for my state or territory?
Yes, this notice of termination of lease is suitable for application across Australia, including:
- Western Australia;
- New South Wales;
- Victoria;
- Queensland;
- Tasmania;
- South Australia;
- Australian Capital Territory; and
- Northern Australia.
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3. What are the requirements for sending the notice of termination of lease in New South Wales?
There are no strict requirements for the format or content of the lease termination notice NSW. The legislation of the state does not impose any mandatory requirements regarding the format of the letter’s content. However, the Residential Tenancy Act 2010 (NSW) specified the grounds on which the residential tenancy can end. These grounds include, for example, the sale of property, the landlord needing their property for personal use.
The notification period also depends on the duration of the lease and varies between 14 and 30 calendar days.