Eviction Notice Template Nsw

NOTICE OF TERMINATION OF RESIDENTIAL TENANCY AGREEMENT (NSW)

This Notice of Termination (the "Notice") is issued in accordance with the Residential Tenancies Act 2010 (NSW).

1. DOCUMENT PREAMBLE & RECITALS

This Notice is made and entered into as of this [Day] day of [Month], [Year] (the "Effective Date"), by and between:

Landlord: [Landlord Name], of [Landlord Address] (“Landlord”); and Tenant: [Tenant Name], of [Rental Property Address] (“Tenant”).

WHEREAS, the Parties entered into a Residential Tenancy Agreement dated [Original Agreement Date] (the “Tenancy Agreement”) regarding the premises located at [Full Property Address, NSW] (the “Premises”); and

WHEREAS, the Landlord seeks to terminate the Tenancy Agreement pursuant to the provisions of the Residential Tenancies Act 2010 (NSW) based on the grounds specified in Section 3 herein.

2. OPERATIONAL DEFINITIONS

For the purposes of this Notice, the following definitions apply:

1. "Act" means the Residential Tenancies Act 2010 (NSW).
2. "Breach" means a failure by the Tenant to comply with a term, condition, or obligation stipulated in the Tenancy Agreement or the Act.
3. "Business Day" means a day that is not a Saturday, Sunday, or public holiday in New South Wales.
4. "Premises" means the property address identified in the Preamble, including all fixtures and chattels provided by the Landlord under the Tenancy Agreement.
5. "Termination Date" means the date by which the Tenant must deliver vacant possession of the Premises to the Landlord, being no earlier than the minimum notice period required under the Act.

3. SUBSTANTIVE TERMS & OBLIGATIONS

1. Notice of Termination: The Landlord hereby formally notifies the Tenant of the intention to terminate the Tenancy Agreement.
2. Grounds for Termination: This notice is served on the following grounds: [Insert specific ground, e.g., Non-payment of rent, Breach of Agreement, or End of Fixed Term].
3. Requirement to Vacate: The Tenant is required to provide vacant possession of the Premises to the Landlord on or before [Termination Date].
4. Condition of Premises: The Tenant shall return the Premises in the same condition as at the commencement of the tenancy, fair wear and tear excepted, in accordance with the condition report signed at the inception of the tenancy.
5. Final Inspection: The Parties agree to conduct a final inspection of the Premises on [Date/Time] to verify compliance with the Tenant’s obligations.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Cure Period: Where the breach is capable of remedy, the Tenant shall have a period of 30 Business Days from the receipt of this Notice to rectify the specified Breach.
2. Remedies for Non-Compliance: Should the Tenant fail to vacate the Premises by the Termination Date or fail to cure the Breach within the defined period, the Landlord reserves the right to: a. Apply to the NSW Civil and Administrative Tribunal (NCAT) for an Order for Possession. b. Seek recovery of all outstanding rent, damages, and legal costs incurred in enforcing this Notice.
3. Failure to Vacate: Any continued occupation beyond the Termination Date shall be deemed an unlawful holding over, entitling the Landlord to claim mesne profits in addition to other legal remedies.

5. BOILERPLATE LEGAL PROVISIONS

1. Severability: If any provision of this Notice is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
2. Entire Agreement: This Notice, in conjunction with the original Tenancy Agreement and the Act, constitutes the entire understanding between the Parties regarding the termination of the tenancy.
3. Governing Law: This Notice shall be governed by and construed in accordance with the laws of New South Wales.
4. Dispute Resolution: Any dispute arising out of or in connection with this Notice shall be subject to the exclusive jurisdiction of the NSW Civil and Administrative Tribunal (NCAT) or the courts of New South Wales.
5. Force Majeure: Neither party shall be held liable for failure to perform their obligations under this Notice if such failure is caused by an event beyond their reasonable control, provided that notice of such event is communicated promptly to the other party.

6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Notice as of the Effective Date.

LANDLORD:

Signature: ___________________________ Name: [Name of Landlord or Authorized Agent] Title: [Title, e.g., Property Owner/Manager] Date: [Date]

TENANT:

Signature: ___________________________ Name: [Name of Tenant] Date: [Date]

Acknowledgment of Service: The Tenant hereby acknowledges receipt of this Notice on [Date of Receipt].