Last updated August 12, 2022
What is a Lease Notice?
A Lease Notice is a letter that landlords or property managers might send their tenants to:
- Warn of a lease violation or late rent payment
- Tell them their lease won’t be renewed
- Increase the rent
Legally, landlords must give tenants fair warning to resolve a problem or prepare for a change.
Use LawDepot’s Lease Notice template to send a written reminder of tenant obligations. Simply answer a set of questions to modify the template to your needs. Then, print or download it as a PDF.
A Lease Notice is also known as:
- Notice of termination of tenancy
- Notice to remedy
- Rent increase notice
Remember that a landlord cannot personally evict a tenant before the end of a fixed-term tenancy. Instead, the landlord must apply to the Tenancy Tribunal to terminate the tenancy.
Early eviction is a last resort after a tenant ignores a Lease Notice or commits a serious lease violation.
How much notice should landlords give?
Notice periods are set out in the Residential Tenancies Act 1986, and they vary depending on the reason and type of tenancy:
- To increase rent: at least 60 days' notice, or 28 days if the tenant is in a boarding house tenancy. In a fixed-term tenancy, the Tenancy Agreement must specify whether a landlord can increase the rent.
- To terminate the tenancy: at least 63 or 90 days’ notice if the landlord needs the space for authorised purposes (e.g., to renovate, conduct business activities, or sell the property). This applies to periodic tenancies.
- To remedy a lease breach: at least 14 days’ notice to remedy the breach, or the landlord may pursue an eviction.
LawDepot’s Lease Notice template gives guidelines for notice periods that may apply to your situation based on your answers.
How much can a landlord increase the rent?
Typically, landlords shouldn’t charge an amount that’s substantially higher than market rent. You can compare prices in your area to see what’s a fair amount.
Landlords may need to justify a significant increase if the Tenancy Tribunal gets involved. For example, they may charge more after making improvements to the property to raise its value, or if they need compensation after dealing with unforeseen expenses.
What if a tenant refuses to pay a rent increase?
If a tenant finds the rent increase to be unreasonable, they may apply to the Tenancy Tribunal for a reduction. In this case, the tribunal may order the landlord to lower the rent and keep it at a fixed rate for a set time.
However, if the tribunal rules the increase is fair, the tenant must pay the rent.
How to write a Lease Notice
1. Specify the notice type
State the reason you’re giving notice and elaborate with details.
For example, if sending a rent increase notice, state the current and updated rent amount, when payments are due, and when the increase takes effect.
If sending a warning about overdue rent or a lease violation, describe how and when the tenant should remedy the problem.
If sending a notice of termination, state the day the tenancy will end.
2. Give details about the property and lease agreement
Include the property address and the original signing date of the Lease Agreement. These details are useful when checking whether the usual rent increase period has passed.
3. Include landlord and tenant details
Add the tenant’s name, as well as the name, address, and phone number of the landlord.
4. Consider the delivery method
Consider getting evidence once you deliver the Lease Notice. This helps prove that the other party received your letter within the appropriate timeframe.
For example, if you deliver the letter in person, get a neutral third party to witness the event.
