Month To Month Lease Eviction Template for Australia

A formal legal document used in Australian jurisdictions to terminate a month-to-month residential tenancy agreement and initiate the eviction process. This document complies with Australian state and territory residential tenancy laws, providing the necessary notice period and grounds for eviction while outlining both landlord and tenant rights and obligations. It includes all statutorily required information, specific termination dates, property details, and procedures for final inspection and bond return, ensuring compliance with local tribunal requirements and tenant protection regulations.

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What is a Month To Month Lease Eviction?

The Month To Month Lease Eviction document is a critical legal instrument used in Australian residential tenancy management when terminating periodic tenancy agreements. It becomes necessary when landlords need to end a month-to-month tenancy arrangement through formal channels, ensuring compliance with state and territory residential tenancy laws. This document is particularly relevant when the standard notice period must be provided to tenants, and formal grounds for eviction need to be documented. It includes essential elements such as party details, property information, notice periods, grounds for termination, and relevant statutory requirements. The document must align with specific state or territory legislation regarding notice periods, which typically range from 30 to 90 days depending on the jurisdiction and circumstances. It serves as both a formal notice and a legal record of the eviction process initiation.

What sections should be included in a Month To Month Lease Eviction?

1. Parties: Identification of the landlord/property manager and tenant(s), including full legal names and contact details

2. Background: Brief description of the existing tenancy agreement, including property details and original commencement date

3. Definitions: Key terms used throughout the document, including statutory terms from relevant legislation

4. Notice of Termination: Formal statement of termination including the specific date the tenant must vacate the premises

5. Grounds for Eviction: Clear statement of the legal basis for the eviction under relevant state legislation

6. Required Notice Period: Specification of the notice period being provided, confirming compliance with statutory requirements

7. Tenant Rights and Obligations: Overview of tenant's rights during the eviction process and obligations for vacating the property

8. Property Condition Requirements: Specifications for the condition in which the property must be returned

9. Bond and Final Inspection: Information about the final inspection process and bond return procedure

10. Legal Consequences: Statement of legal consequences if the tenant fails to comply with the eviction notice

11. Signature Block: Space for required signatures, dates, and witness details if required

What sections are optional to include in a Month To Month Lease Eviction?

1. Outstanding Payments: Include when there are rent arrears or other outstanding payments that form part of the eviction grounds

2. Property Damage: Include when property damage is part of the grounds for eviction, with detailed description of damages

3. Previous Notices: Include when referencing previous breach notices or warnings issued to the tenant

4. Alternative Dispute Resolution: Include when offering or requiring mediation before proceeding with tribunal action

5. Covid-19 Considerations: Include when specific Covid-19 related provisions or protections apply

6. Forwarding Address: Include when requiring tenant to provide forwarding address for bond return or future correspondence

What schedules should be included in a Month To Month Lease Eviction?

1. Schedule A - Property Inspection Report: Current condition report or documentation of property damage if relevant

2. Schedule B - Payment History: Record of rental payment history and any arrears if relevant to the eviction

3. Schedule C - Previous Notices: Copies of previous breach notices or warnings issued to the tenant

4. Schedule D - Evidence Documentation: Photos, correspondence, or other evidence supporting the grounds for eviction

5. Appendix 1 - Tenant Rights Information: Mandatory information sheet about tenant rights during eviction as required by state law

6. Appendix 2 - Tribunal Information: Information about the relevant tribunal process and contact details

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Eviction Notice

Cost

Free to use

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