The Commercial Eviction Notice is a crucial document in Australian commercial property management, used when a landlord needs to terminate a commercial lease and require the tenant to vacate the premises. This document is typically employed in situations involving serious lease breaches, such as non-payment of rent, unauthorized use of premises, or other significant violations of lease terms. The notice must strictly comply with Australian state-specific commercial tenancy legislation and may be subject to special regulations, including those implemented during the COVID-19 pandemic. It serves as a formal communication that can be used in legal proceedings if the tenant fails to comply, and must include specific details about the property, parties involved, grounds for eviction, and timeline for vacation.
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1. Landlord Details: Full legal name and contact details of the landlord/lessor or their authorized agent
2. Tenant Details: Full legal name and contact details of the tenant/lessee
3. Property Details: Complete address and description of the commercial premises being vacated
4. Lease Reference: Details of the existing lease agreement including date of execution and term
5. Grounds for Eviction: Clear statement of the specific breach or reason for eviction
6. Notice Period: Specified time period given to vacate the premises, in accordance with lease terms and relevant legislation
7. Vacation Requirements: Specific requirements for returning the property in accordance with the lease terms
8. Legal Authority: Reference to relevant legislation and lease clauses authorizing the eviction
9. Consequences of Non-Compliance: Statement of legal actions that will be taken if the notice is not complied with
1. Payment Details: Include when eviction is due to rent arrears, specifying outstanding amounts and payment requirements
2. Breach History: Include when there have been previous notices or a history of breaches
3. Remedy Options: Include when the tenant has the option to remedy the breach and prevent eviction
4. Personal Property Removal: Include when there are specific requirements or deadlines for removing tenant's property
5. Dispute Resolution: Include when offering or requiring specific dispute resolution procedures
6. COVID-19 Provisions: Include when specific COVID-19 related legislation affects the eviction process
1. Schedule A - Breach Documentation: Detailed documentation of the breach(es) including dates, descriptions, and evidence
2. Schedule B - Payment History: Record of payment history and any outstanding amounts (if applicable)
3. Schedule C - Property Condition Report: Current condition of the property and expected condition upon vacation
4. Schedule D - Previous Notices: Copies of any previous notices or correspondence regarding the breach
5. Appendix 1 - Relevant Lease Excerpts: Copies of relevant sections from the lease agreement
6. Appendix 2 - Photographic Evidence: Photos documenting any physical breaches or property condition (if applicable)
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Professional Services
Entertainment Venues
Educational Facilities
Relevant Teams
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Property Management
Operations
Facilities Management
Asset Management
Compliance
Real Estate
Lease Administration
Risk Management
Document Control
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Property Manager
Facility Manager
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Legal Counsel
Commercial Leasing Manager
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Building Operations Manager
Real Estate Director
Tenancy Coordinator
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Commercial Property Lawyer
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