Commercial Eviction Notice Template for New Zealand

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Key Requirements PROMPT example:

Commercial Eviction Notice

"I need a Commercial Eviction Notice for a retail tenant who has consistently failed to pay rent for the past three months and has breached multiple maintenance obligations; the notice should require vacation by March 15, 2025."

Document background
The Commercial Eviction Notice is a crucial document in New Zealand's commercial property landscape, used when a landlord needs to formally terminate a commercial tenancy. This document becomes necessary when there are serious breaches of the lease agreement, such as non-payment of rent, unauthorized use of premises, or other material breaches. The notice must comply with the Property Law Act 2007 and other relevant New Zealand legislation, including any specific requirements introduced by recent COVID-19 related legislation. It should clearly state the grounds for eviction, provide required notice periods, and detail any options for the tenant to remedy the situation. The document serves as both a legal requirement and a formal record of the landlord's intention to terminate the lease, potentially forming part of subsequent legal proceedings if the tenant fails to comply.
Suggested Sections

1. Landlord Details: Full legal name and contact details of the landlord/property owner or their authorized agent

2. Tenant Details: Full legal name and contact details of the commercial tenant(s)

3. Property Identification: Specific details of the commercial property including street address, legal description, and any relevant unit numbers

4. Lease Reference: Details of the existing lease agreement including date of commencement and any variations

5. Grounds for Eviction: Clear statement of the specific breach(es) or reason(s) for eviction, with reference to relevant lease clauses

6. Notice Period: Specification of the notice period being given and the final date by which the tenant must vacate

7. Remedy Options: If applicable, details of how the tenant can remedy the breach to avoid eviction

8. Consequences of Non-Compliance: Statement of legal consequences if the tenant fails to vacate or remedy the breach

Optional Sections

1. COVID-19 Considerations: Additional requirements and considerations under COVID-19 legislation, required if the eviction relates to rent arrears during the affected period

2. Abandonment Declaration: Required if the property appears to be abandoned, including evidence of abandonment

3. Previous Notices: Reference to any previous notices or warnings issued, if relevant to establishing pattern of breach

4. Property Damage: Detailed description of any property damage, if this forms part of the grounds for eviction

5. Alternative Dispute Resolution: Information about dispute resolution options, recommended when there's potential for negotiation

Suggested Schedules

1. Schedule 1: Evidence of Breach: Documentation supporting the grounds for eviction (e.g., payment records, photographs, inspection reports)

2. Schedule 2: Property Details: Detailed description of the commercial property including any specific areas, fixtures, or fittings that must be vacated

3. Schedule 3: Lease Excerpts: Relevant excerpts from the lease agreement supporting the eviction notice

4. Appendix A: Photographic Evidence: If applicable, photographs documenting property condition or evidence of breach

5. Appendix B: Service Documentation: Proof of service of the eviction notice, including method, date, and time of delivery

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Real Estate

Commercial Property

Retail

Hospitality

Office Space

Industrial

Warehousing

Professional Services

Healthcare

Education

Relevant Teams

Legal

Property Management

Facilities Management

Asset Management

Risk & Compliance

Operations

Real Estate

Leasing

Administration

Corporate Services

Relevant Roles

Property Manager

Facility Manager

Real Estate Manager

Legal Counsel

Commercial Property Lawyer

Lease Administrator

Asset Manager

Property Portfolio Manager

Commercial Leasing Officer

Building Operations Manager

Risk Manager

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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