Commercial Property Eviction Notices

Commercial Property Eviction Notices

Notice of Cancellation of Lease (For Cause)

A Notice of Cancellation of Lease (For Cause) is used by a landlord to formally terminate a lease agreement when the tenant has breached the lease terms.

Notice to Vacate (Post-Cancellation)

A Notice to Vacate (Post-Cancellation) is issued after a lease has been lawfully cancelled, instructing the tenant to vacate the property by a specified date and formally ending their right of occupation.

Holding-Over Damages Letter

A Holding-Over Damages Letter notifies a tenant who remains in the property after lease expiry or cancellation that they are liable for damages or additional rent for unlawfully occupying the premises.

Notice of Lock-Change Intention

A Notice of Lock-Change Intention informs the tenant that the landlord intends to change the locks due to lease termination, abandonment, or breach, and gives the tenant a final opportunity to vacate or resolve the issue before action is taken.

Urgent Interdict (e.g., to stop unlawful interference or asset removal)

An Urgent Interdict is a legal notice used to quickly obtain a court order preventing a tenant or other party from unlawfully interfering with the property, removing assets, or causing further harm.

Ex Parte Application to Perfect Landlord’s Tacit Hypothec

An Ex Parte Application to Perfect Landlord’s Tacit Hypothec is a court application allowing a landlord to secure and seize a tenant’s movable assets on the premises to recover unpaid rent or other amounts owed.

Spoliation Warning / Application

A Spoliation Warning / Application is used to warn or apply to court when a tenant unlawfully interferes with or takes possession of property, seeking an order to restore the landlord’s possession and stop further interference.

Landlord’s Courtesy Reminder of Arrears

A Landlord’s Courtesy Reminder of Arrears is a polite notice sent to a tenant reminding them of overdue rent or payments and requesting prompt settlement before formal action is taken.

Formal Letter of Demand (Breach Notice)

A Formal Letter of Demand (Breach Notice) is an official notice informing the tenant of a serious lease breach, such as unpaid rent, and demanding correction or payment within a specified period to avoid legal action or lease cancellation.

Notice to Remedy Specific Breach (Non-monetary)

A Notice to Remedy Specific Breach (Non-monetary) is issued to a tenant who has violated non-financial lease terms, such as property damage or misuse, requiring them to correct the breach within a set timeframe to avoid further action.

CPA Section 14/Regulatory Notice (if applicable)

A CPA Section 14/Regulatory Notice is issued under the Consumer Protection Act to inform a tenant of the landlord’s intent to cancel or not renew a lease, ensuring compliance with statutory notice periods and consumer rights.

Final “Show Cause” / Intention-to-Cancel Letter

A Final “Show Cause” / Intention-to-Cancel Letter gives the tenant a last opportunity to explain or correct a breach before the landlord proceeds with formal lease cancellation.

Call-Up of Suretyship / Guarantee Notice

A Call-Up of Suretyship / Guarantee Notice informs a guarantor or surety that the tenant has defaulted and that they are now required to fulfil the tenant’s financial or contractual obligations under the lease.

Landlord’s Tacit Hypothec: Preservation/Attachment Warning

A Landlord’s Tacit Hypothec: Preservation/Attachment Warning alerts the tenant that the landlord intends to secure or attach the tenant’s movable assets on the premises to recover unpaid rent or protect the landlord’s financial interests.

Access & Inspection Demand (OHS/Compliance)

An Access & Inspection Demand (OHS/Compliance) is issued to require tenant cooperation in granting the landlord access to the premises for safety, maintenance, or legal compliance inspections under health and safety regulations.

Without-Prejudice Settlement Proposal / Payment Plan

A Without-Prejudice Settlement Proposal / Payment Plan offers the tenant an opportunity to settle arrears or disputes amicably through negotiated terms or a structured repayment plan, without admitting legal liability.

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