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5 Day Eviction Notice Template for New Zealand

A 5-day eviction notice is a formal legal document used in New Zealand residential tenancies to terminate a tenancy agreement on short notice due to serious breaches of the tenancy agreement. This document must comply with the Residential Tenancies Act 1986 and can only be used in specific circumstances such as substantial property damage, assault against the landlord or neighbors, or other serious breaches. The notice must clearly state the grounds for eviction, provide specific dates, and include all legally required information about both parties and the property. It represents one of the shortest notice periods available under New Zealand tenancy law and should only be used in serious situations.

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What is a 5 Day Eviction Notice?

The 5 Day Eviction Notice is a critical legal document used in New Zealand residential tenancies when immediate action is required 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 when a tenant has caused significant damage to the property, engaged in illegal activities on the premises, or committed assault against the landlord, agent, or neighbors. The document must include precise details about the parties involved, the property, the specific grounds for eviction, and the exact date by which the tenant must vacate. It's essential that the notice complies with all legal requirements and is properly served to the tenant, as non-compliance could invalidate the eviction process. Property managers and landlords must ensure they have sufficient evidence to support the grounds for issuing this type of notice, as it may need to be defended at the Tenancy Tribunal.

What sections should be included in a 5 Day Eviction Notice?

1. Landlord Details: Full legal name and contact information of the landlord or property manager

2. Tenant Details: Full legal name(s) of all tenants on the tenancy agreement

3. Property Information: Complete address and description of the rental property

4. Notice Date: The date the notice is being issued

5. Grounds for Eviction: Clear statement of the legal grounds for the 5-day eviction notice, citing relevant section of the RTA

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

7. Required Actions: Clear description of what the tenant must do to comply with the notice

8. Legal Authority: Reference to relevant sections of the Residential Tenancies Act 1986 authorizing the eviction

9. Signature Block: Landlord or authorized agent's signature and date

What sections are optional to include in a 5 Day Eviction Notice?

1. Evidence Documentation: Section detailing specific incidents or breaches when eviction is due to antisocial behavior or serious breach of tenancy

2. Additional Occupants Notice: Section addressing any other occupants not named on the tenancy agreement who must also vacate

3. Property Damage Details: If eviction is due to property damage, detailed description of damage with photographic evidence references

4. Rent Arrears Details: If eviction is due to rent arrears, detailed breakdown of amounts owed and payment history

5. Previous Notices Reference: Reference to any previous notices or warnings issued to the tenant

6. Tenancy Tribunal Information: Information about the tenant's right to challenge the notice at the Tenancy Tribunal

What schedules should be included in a 5 Day Eviction Notice?

1. Photographic Evidence: Photos documenting property damage or other relevant issues

2. Service Affidavit: Proof of proper service of the notice to the tenant

3. Previous Correspondence: Copies of relevant previous notices or communications with tenant

4. Rent Payment History: Documentation of rent payment history if relevant to the eviction cause

5. Incident Reports: Copies of any police reports or incident documentation if relevant to the eviction cause

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Notice to Quit

Cost

Free to use

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