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Notice to Remedy Breach
I need a Notice to Remedy Breach for a tenant who has failed to pay rent for the past two months, specifying a 14-day period to settle the outstanding amount or face potential eviction proceedings. The notice should comply with local tenancy laws and clearly outline the consequences of non-compliance.
What is a Notice to Remedy Breach?
A Notice to Remedy Breach is a formal warning sent when someone violates a contract's terms in Malaysia. It tells the other party exactly what they did wrong and gives them a specific timeframe to fix the problem before further legal action begins. For example, if a tenant stops paying rent, their landlord might send this notice giving them 14 days to pay up.
Under Malaysian contract law, this notice plays a crucial role in dispute resolution by giving the breaching party a fair chance to correct their actions. It must clearly state the breach, the required remedy, and the deadline - usually between 14 to 30 days depending on the contract type. Most commercial agreements and tenancy contracts require this step before ending the contract or seeking damages.
When should you use a Notice to Remedy Breach?
Send a Notice to Remedy Breach when your contract partner breaks important terms and you need documented proof before taking stronger action. Common triggers include missed rent payments, construction delays, unpaid supplier invoices, or breaches of confidentiality agreements under Malaysian law. Acting quickly protects your legal rights and creates a clear paper trail.
This notice becomes essential when informal reminders fail but you're still open to resolving things amicably. For business contracts, send it as soon as the breach affects your operations or finances. Malaysian courts look favorably on parties who give reasonable opportunities to fix problems before pursuing litigation or contract termination.
What are the different types of Notice to Remedy Breach?
- Basic Property Notice: Used for rental and real estate breaches, focusing on payment defaults or property maintenance issues
- Commercial Contract Notice: Addresses business agreement violations, including delivery delays, quality issues, or payment terms
- Employment Notice: Targets workplace contract breaches like unauthorized absences or confidentiality violations
- Construction Notice: Specific to building contracts, dealing with timeline delays, material quality, or workmanship standards
- Service Agreement Notice: Handles breaches in professional service contracts, focusing on performance standards and delivery commitments
Who should typically use a Notice to Remedy Breach?
- Property Owners: Send notices to tenants for unpaid rent, property damage, or unauthorized modifications
- Business Owners: Issue notices to suppliers, contractors, or partners who fail to meet contractual obligations
- Legal Practitioners: Draft and review notices to ensure compliance with Malaysian contract law and proper documentation
- Property Managers: Handle notices on behalf of landlords for residential and commercial properties
- Corporate Legal Departments: Manage notices for large organizations dealing with multiple contract breaches
- Contract Administrators: Monitor compliance and initiate notices when breaches occur in business agreements
How do you write a Notice to Remedy Breach?
- Contract Review: Gather the original contract and highlight the specific terms being breached
- Breach Documentation: Collect evidence of the breach, including dates, communications, and financial records
- Party Details: Confirm current contact information and legal names of all involved parties
- Timeline Details: Note when the breach began and set a reasonable remedy period (typically 14-30 days)
- Remedy Requirements: Clearly outline what actions must be taken to fix the breach
- Delivery Method: Choose a traceable delivery method that complies with the contract's notice provisions
- Record Keeping: Create copies and maintain a file of all related correspondence
What should be included in a Notice to Remedy Breach?
- Header Information: Full legal names and addresses of both parties, date, and contract reference number
- Breach Description: Clear identification of the specific contract terms violated and how they were breached
- Remedy Details: Precise actions required to fix the breach, with measurable outcomes
- Compliance Timeline: Clear deadline for remedying the breach, stated in calendar days
- Consequences Statement: Specific actions that will follow if the breach remains unremedied
- Legal Authority: Reference to relevant contract clauses or Malaysian laws supporting the notice
- Signature Block: Authorized signature, name, position, and company details of the sending party
What's the difference between a Notice to Remedy Breach and a Breach of Contract Notice?
A Notice to Remedy Breach differs significantly from a Breach of Contract Notice in both purpose and timing. While they both deal with contract violations, their approaches and outcomes are quite different.
- Primary Purpose: A Notice to Remedy Breach aims to resolve issues by giving the breaching party a chance to fix problems, while a Breach of Contract Notice formally documents the violation and typically precedes legal action
- Timing: The Remedy Notice comes first, offering a correction period. The Breach Notice usually follows if remediation fails
- Legal Impact: Remedy Notices support good-faith resolution and maintain business relationships, while Breach Notices often mark the start of formal dispute proceedings
- Content Requirements: Remedy Notices must specify exact steps for correction and deadlines, whereas Breach Notices focus on documenting violations and claiming damages
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