Login Contact Us Support
Book a Demo

Search Re-Leased

Book a Demo

Left Right Animation (1)

Eviction Notice Template

 

The Eviction Notice template generator below empowers property managers and owners to automate a previously manual, risk-prone process—producing professionally structured lease extension documents in just a few clicks.

Learn more about Eviction Notices
Explore more tools

What is an eviction notice ?

An eviction notice is a formal, written warning a landlord serves on a commercial tenant to start the legal process of ending the lease because of a breach (most often non-payment of rent, but also things like illegal use, unauthorised assignment, or serious covenant breaches).

It doesn’t remove the tenant by itself. Instead, it:

(a) identifies the breach

(b) gives a fixed “cure” period (set by law or the lease) to fix it—e.g., pay arrears or stop the offending conduct

(c) warns that if the breach isn’t cured by the deadline, the landlord may terminate/forfeit the lease and file court proceedings (or, in a few places, re-enter peaceably where that’s lawful).

Don’t confuse an eviction notice with a general “notice to vacate” used to end a periodic tenancy without breach or with redevelopment/relocation notices in some regions. Eviction notices are breach-driven and usually come with strict statutory wording, timing, and service rules (personal service, post + mail, “working days,” prescribed language, etc.).

A compliant notice typically includes: parties and premises, lease reference, exact breach/amounts, the last day and time to cure, how to cure, the consequences if not cured, and a certificate of service.

The rules differ by country and often by state or province. We try to cover jurisdiction differences below for a number of regions.

For most we separate non-payment of rent from other breaches, flag service and filing quirks (e.g., notarisation, prescribed wording, working-day deadlines), and call out remedies short of eviction and relief/waiver traps that can undo a case. Use this as a checklist to draft compliant notices and to set automation timers in your workflow; your lease may require longer timelines than the statute, so always read it first. 

 

*This material is for general information only about commercial leasing. It is not legal advice, doesn’t create a lawyer–client relationship, and may not reflect the latest changes in law or your specific facts. Always consult a qualified lawyer in your jurisdiction before acting.

 

To dive deeper into how you can manage your tenants and leases better, you can jump into our Lease & Tenant Management hub by clicking below.

Lease & Tenant Management Hub

Regional differences for commercial leases

 

Commercial leases are nationally governed. Before terminating, landlords must serve a notice to remedy in the statutory form. If the breach isn’t fixed by the deadline, the landlord may cancel (including peaceable re-entry) or seek court orders.

 

Trigger Required notice Minimum period Cure & escalation Notes
Non-payment of rent notice to remedy At least 10 working days (or longer if lease says so) Tenant can pay within period; if not, landlord may cancel (re-enter) or apply to court; tenant may seek relief Use the statutory wording/set-out; serve correctly; consider relief under
Other covenant breach notice to remedy Reasonable time stated (often 10+ working days) If not remedied, cancel/re-enter or court; tenant may seek relief Many leases adopt ADLS forms—still, statute controls the remedy steps.

 

 

Major differences in Australia

Across AU, non-rent breaches typically require a statutory notice (like England’s s.146 model). Rent non-payment can justify forfeiture/termination after the cure window. Courts often grant relief if arrears are paid but retail leases overlay extra rules.

 

State/Territory Notice type is dictated by Minimum/cure Relief Notes
New South Wales Conveyancing Act 1919  Reasonable time stated (often 14+ days) Yes (equitable/statutory) Retail Leases Act overlays for shops.
Victoria Property Law Act 1958  Reasonable time Yes Retail Leases Act 2003 adds process.
Queensland Property Law Act 1974  Reasonable time Yes “Form 7” often used in practice.
Western Australia Property Law Act 1969  Reasonable time Yes Formal notice precedes forfeiture.
South Australia Landlord & Tenant Act 1936 Reasonable time Yes SA scheme mirrors section 146 in UK.
Tasmania Landlord & Tenant Act 1935  Reasonable time Yes Retail Tenancy Code governs many retail leases.
Northern Territory Law of Property Act (NT)  Reasonable time Yes Smaller jurisdiction—check lease + statute. 

 

 

Major differences in the USA 

Timelines vary by region widely (3, 5, 7, 10, 14 days). Some states (e.g., NY) expanded the rent-demand period; others retain 3-day demands (e.g., CA, TX, WA for commercial). Service rules and “magic language” requirements can be technical (e.g., Ohio). 

 

State Non-payment notice (min) Other breaches (typ.) Service snapshot Notes
California 3 days  3-day perform/quit typical Personal, post+mail Fast cycles; UD filing after 3 full days. Alberta.ca
New York 14-day rent demand  Often 10–30 days cure per lease Personal/substitute/affix+mail 2019 HSTPA expanded to 14 days; applies in commercial practice. AustLII Classic
Texas 3 days unless lease changes  Often cure/quit per lease Personal, mail, posting Lease can alter the 3-day rule.
Florida 3 days for nonresidential tenancies  15-day/other per lease Statutory methods Florida separates nonresidential rules in Part I.
Illinois 5 days  10 days for other breaches (9-210) Personal/posting + Standard Chicago practice follows these sections. Innago
Pennsylvania 10 days  15 or 30 days based on term Personal/post/mail Leases often waive notice to quit commercially. Attorney General
New Jersey For non-payment, no Notice to Quit required before filing; for other causes, NTQ + Demand (3 days–3 months depending) Grounds-dependent Personal/posted/mail After judgment, warrant issues 3 business days later. Aystrauss+2epsteinostrove.com+2
Massachusetts 14-day rent demand typical 30-day for some grounds Statutory service “Summary process” follows the notice. LaFountain & Wollman P.C.
Washington (commercial) 3-day pay or vacate  10-day comply/quit common Statutory service Note: 14-day rule applies to residential under RCW 59.18, not commercial. Washington State Legislature+1
Georgia Demand for possession (often treated as ~3 days) Grounds-based Personal/post/mail Must demand possession before filing dispossessory. Justia Law
Ohio 3-day “Notice to Leave” with required “magic language” 3-day (varies by ground/lease) Hand-deliver/post+cert. mail Must wait full 3 days before filing. Ohio Laws
Arizona (commercial) 5-day to pay or face remedies  Breach notice per lease; lockout possible Statutory + lease Landlord’s lien/seizure tools exist; handle carefully. 

 

 

Major differences in the UK 

  • England & Wales: for non-rent breaches, you usually need a section 146 notice before forfeiting; for rent arrears, forfeiture may proceed without s.146 but beware waiver. Commercial Rent Arrears Recovery (CRAR) lets you recover pure rent without court, but using it can waive forfeiture. 

  • Scotland: forfeiture is called irritancy; for monetary breaches a 14-day pre-irritancy notice is required.

  • Northern Ireland: business tenancies have strong security of tenure under the 1996 Order; forfeiture is preserved but interacts with that regime

Jurisdiction Non-payment notice (minimum) Other breaches (notice) Relief against forfeiture/irritancy Special tools / notes
England & Wales Rent demand per lease; forfeiture for non-payment may proceed without section 146 notice, but exercise carefully to avoid waiver Specify breach, require remedy/compensation before forfeiture Court has broad relief powers; payment of arrears can restore lease CRAR for rent only; using CRAR may waive forfeiture rights. 
Scotland 14-day pre-irritancy notice for monetary default Irritancy notice to be provided specifying breach and time to remedy Courts can grant relief; timing and conduct matter Terminology and steps differ—treat “forfeiture” as “irritancy.”
Northern Ireland Lease and summary ejectment rules; business tenancies continue unless properly ended Notice needs to be provided for non-rent breaches;  Relief available; interplay with security of tenure Contracting-out of 1996 Order is generally not permitted. 

 

Major differences in Canada 

  • Several provinces follow a 15-day arrears pattern for re-entry (unless the lease sets a different demand). Non-monetary breaches usually require a specific breach notice. British Columbia relies heavily on lease wording/common law, plus distress to recover rent; using distress can preclude termination at the same time.

Province Statutory baseline Non-payment minimum (typical) Other breaches notice Notes
Ontario Commercial Tenancies Act  ≈15 days before re-entry (unless lease alters); many leases shorten Requires breach notice & cure for non-rent ON case notes and firm guides reflect 15-day re-entry norm. McCarthy
British Columbia Commercial Tenancy Act + Rent Distress Act  Lease/common law driven; many leases set 5–15 days Requires breach notice per lease; court often used if disputed Distress available; no statutory right of re-entry—derive from lease/common law. CanLII+2CanLII+2
Quebec Civil Code of Québec (resiliation for default) Reasonable delay demand per CCQ; leases often set days Prior notice required; resiliation via court common Civil law framework—treat “resiliation” akin to termination. (general legal framework; confirm with local counsel)
Manitoba Landlord & Tenant Act / Real Property Act ≈15 days arrears before re-entry (unless lease changes) Breach notice required with opportunity to remedy Practitioner commentary confirms 15-day standard.
Saskatchewan The Landlord and Tenant Act Lease may govern; older authorities point to arrears period before re-entry breach notice & reasonable cure required Practical guide stresses observing notice before re-entry.
Alberta Common law + lease (commercial); distress recognised Lease-set demands typical Breach notice required per lease; court relief possible Beware residential materials (RTA) don’t apply to commercial. 
Nova Scotia Commercial Tenancies Act Lease/common law Breach notice required per lease Distress/remedies historically available; confirm lease terms. 
New Brunswick Landlord and Tenant Act Often ≈15 days by lease/statute Breach notice required Distress/remedies available; check lease first. 
Newfoundland & Labrador Commercial Tenancies Act Lease/common law Breach notice required Local practice favours clear contractual default clauses. 
Prince Edward Island Landlord and Tenant Act Lease/common law Breach notice required Small jurisdiction; lease language is decisive. 

 

Because many provinces let the lease shorten or change the default, always read the default clause before serving any notice.

 

Other Useful Tools

Left Right Animation (1)  

Get the Re-Leased Playbook 


What's Inside

  • Achieve key industry performance indicators
  • Building blocks to better business foundations
  • The 5 pillars of mastering property management
  • Taking action for business outcomes
  • Progress success measures
  • Essential tools to power your workflow