Notice of Termination of Tenancy Due to Expiration of Lease Term - Past Due Rent
Description
Definition and meaning
The Notice of Termination of Tenancy Due to Expiration of Lease Term - Past Due Rent is a formal document that informs a tenant that their lease agreement has expired and that their tenancy is being terminated. This notice is typically issued when the tenant has not paid rent, providing the landlord a legal basis to recover possession of the rental property.
How to complete a form
Completing the Notice of Termination of Tenancy requires careful attention to detail. Follow these steps:
- Fill in the tenant's name and address in the designated sections.
- Specify the date of the lease and the specific paragraph of the lease being referenced.
- Indicate the date when the termination will take effect.
- Make sure to include the citation of the relevant state statute.
- Sign the notice, and if applicable, include the signature of an attorney and their law firm information.
Who should use this form
This form is intended for landlords who need to formally terminate a tenant’s right to occupy a rental property due to the expiration of a lease term and past due rent. It is suitable for both residential and commercial leases, provided that the reason for termination aligns with state laws regarding tenancy termination.
Key components of the form
The essential components of the Notice of Termination of Tenancy include:
- Tenant and property details: Accurate identification of the tenant and the rental property.
- Lease details: The date of lease inception and the specific lease terms being cited.
- Termination date: A precise date on which the tenancy will terminate.
- State statutes: Reference to pertinent state laws governing tenancy terminations.
- Signatures: Signatures from both the landlord and, if applicable, their legal representative.
How to fill out Notice Of Termination Of Tenancy Due To Expiration Of Lease Term - Past Due Rent?
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FAQ
If you want to stay on in the property once your fixed term tenancy has expired you should ask your landlord for a new tenancy agreement. The tenancy agreement should be for a fixed period of time, either 6 months or a year. Without a new agreement you will become a periodic tenant and can be evicted much more easily.
Give the landlord/agent a written termination notice and vacate move out and return the keys according to your notice, and/or. apply to the NSW Civil & Administrative Tribunal (NCAT) for a termination order.
Explain the Situation Tell your tenant in straightforward terms what the problem is, and explain that they cannot stay on the property any longer. Describe the Consequences Calmly explain that they will be evicted with necessary court orders if they remain on the property.
Month to Month Agreements: For month to month agreements, it is generally accepted for the tenant to notify the landlord at least 30 days in advance of their desire to move. For example, if the lease ends on October 31, then the tenant should let the landlord know they want to move by October 1, at the latest.
Fortunately, it's perfectly legal and valid for a tenancy agreement to continue even after the fixed dates have expired. There's no legal requirement to renew the contracts. When a Tenancy Agreement expires and is not renewed with a new contract, the tenancy rolls into a Periodic Tenancy.
Your name, and the landlord's name and address. The date you're writing the letter. Informing the landlord you're breaking your lease early. The reason why you're breaking your lease. The building and apartment you're vacating. The date by which you're vacating.
Dear (Name of landlord or manager), This letter constitutes my written (number of days' notice that you need to give based on your lease agreement)-day notice that I will be moving out of my apartment on (date), the end of my current lease. I am leaving because (new job, rent increase, etc.)
Contact Your Landlord You'll want to get in touch with your landlord as soon as possible, by phone or email, and explain your situation. There might be a simple agreement that benefits both of you, and in this case, you'll likely end up paying something like the remainder of your rent for the current period.
You can immediately file an eviction if the tenant refuses to leave the property. However, this is likely only the case if you did not accept any additional payments. If you took a rental payment from the tenant after their lease expired, you'll need to provide all the normal notices.
