The 3 Day Eviction Notice is a critical legal instrument in New Zealand's residential tenancy framework, designed for situations requiring urgent tenant removal due to serious breaches of the tenancy agreement. This notice can only be issued under specific circumstances outlined in the Residential Tenancies Act 1986, such as substantial property damage, assault, threats, or significant illegal activities. The document must include precise details about the property, parties involved, the specific breach, and the exact vacation date. It's essential that the notice complies with all legal requirements, including proper service methods and content specifications. Property managers and landlords must ensure they have sufficient evidence to support the serious breach claim before issuing a 3 Day Eviction Notice, as incorrect use can result in legal complications and potential penalties.
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1. Property Details: Full legal address of the rental property
2. Tenant Identification: Full names of all tenants listed on the tenancy agreement
3. Landlord/Agent Details: Full name and contact details of the landlord or property manager
4. Notice Date: The date the notice is being issued
5. Termination Date: The date by which the tenant must vacate (3 days from service)
6. Legal Grounds: Specific section of the Residential Tenancies Act being relied upon
7. Breach Description: Detailed description of the serious breach warranting the 3-day notice
8. Required Action: Clear statement of what the tenant must do (vacate the property)
9. Service Declaration: Statement of how and when the notice was served on the tenant
1. Evidence Reference: Used when there is supporting evidence (photos, police reports, etc.) of the breach
2. Previous Notices: Include when there have been previous notices or warnings issued
3. Health and Safety Risk: Include when the eviction is due to immediate risk to health and safety
4. Tribunal Application Notice: Include when landlord is simultaneously applying to the Tenancy Tribunal
5. Property Damage Details: Used when eviction is due to substantial property damage, including specific details and cost estimates
1. Photographic Evidence: Photographs documenting the breach (e.g., property damage, illegal activity)
2. Incident Reports: Any relevant incident reports, police reports, or witness statements
3. Service Evidence: Proof of service documentation including time, date, and method of delivery
4. Previous Correspondence: Copies of any relevant previous notices or warnings issued to the tenant
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