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5 Day Notice To Vacate Template for New Zealand

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Key Requirements PROMPT example:

5 Day Notice To Vacate

"I need a 5 Day Notice to Vacate for a property at 123 Wellington Road, where the tenant has caused significant damage to the property including broken windows and holes in walls, with supporting photo evidence to be attached."

Document background
The 5 Day Notice To Vacate is a critical document in New Zealand's residential tenancy framework, designed for situations requiring urgent termination of a tenancy due to serious breaches. It is issued under the authority of the Residential Tenancies Act 1986 and can only be used in specific circumstances such as significant property damage, rent arrears, assault, or threats to safety. The notice must provide clear grounds for termination, specific vacation dates, and comply with strict legal requirements. This document represents one of the most serious actions a landlord can take and typically follows documented evidence of serious breaches or inappropriate conduct. It's essential that the notice is properly prepared and served to ensure enforceability if the matter proceeds to the Tenancy Tribunal.
Suggested Sections

1. Header Information: Date, tenant's name and address, property address, and landlord/property manager's details

2. Notice Title: Clear statement that this is a '5 Day Notice to Vacate'

3. Legal Authority: Reference to relevant section of the Residential Tenancies Act 1986 under which the notice is being issued

4. Reason for Notice: Clear statement of the specific breach or reason requiring vacation (e.g., rent arrears, serious damage, assault or threats)

5. Required Action: Clear statement that the tenant must vacate the property within 5 working days

6. Vacation Date: Specific date by which the tenant must vacate, calculated as 5 working days from service of notice

7. Consequences: Statement of legal consequences if tenant fails to comply with the notice

8. Signature Block: Landlord or authorized agent's signature, name, and contact details

Optional Sections

1. Details of Breach: Additional details about the specific breach, including dates, times, and specific incidents - used when the reason for eviction needs detailed explanation

2. Payment Details: If notice is due to rent arrears, specific details of the amount owed and payment methods - included only for rent arrears cases

3. Reference to Prior Notifications: Mention of any previous warnings or notices - included if there have been prior communications about the issue

4. Tenant Rights Statement: Information about the tenant's right to challenge the notice - included for additional clarity and compliance

5. Method of Service: Documentation of how and when the notice was served - included for record-keeping purposes

Suggested Schedules

1. Evidence of Breach: Photographs, incident reports, or other documentation supporting the reason for the notice

2. Rent Ledger: If notice is due to rent arrears, a detailed statement of rent account showing amounts and dates

3. Previous Correspondence: Copies of any relevant previous warnings or notices

4. Witness Statements: If applicable, statements from witnesses regarding the breach

Authors

Alex Denne

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

Relevant legal definitions















Clauses















Relevant Industries

Real Estate

Property Management

Residential Housing

Legal Services

Property Investment

Social Housing

Student Accommodation

Relevant Teams

Property Management

Residential Leasing

Legal Compliance

Tenancy Administration

Operations

Risk Management

Document Control

Client Services

Housing Services

Relevant Roles

Property Manager

Residential Leasing Manager

Real Estate Agent

Property Management Administrator

Tenancy Compliance Officer

Legal Advisor

Housing Manager

Tenant Relations Coordinator

Property Services Director

Residential Portfolio Manager

Tenancy Administrator

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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