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Notice To Vacate Template

 

The Notice to Vacate 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.

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How “notice to vacate” works in commercial leases 

In commercial leasing, “notice to vacate” or “notice to quit” usually appears in three situations:

  1. Ending a periodic tenancy (e.g., month-to-month) without breach.
    Some jurisdictions set a minimum statutory notice (often one rental period). In many places it’s contract-driven — whatever the lease says controls.

  2. Ending for breach (e.g., unpaid rent).
    Statutes often require a short, formal “pay or quit / remedy” notice (3–10 days common in North America) before you can file eviction/unlawful detainer. Leases can extend these times but usually not shorten mandatory minimums.

  3. Ending for redevelopment / demolition / relocation.
    Several Australian states (and some UK/Scotland contexts) hard-code longer notices (often 3–6 months) and extra protections (genuine works, compensation, relocation terms).

Keep those buckets in mind as you look through the tables.

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Regional differences for commercial leases

 

Major differences in NZ 

  • Commercial lease termination for breach must follow Property Law Act process (serve a formal notice to remedy before cancelling).

  • ADLS standard form (widely used) converts holdover to month-to-month and lets either party end it with 20 working days notice; that’s a contractual rule, not a statute.

Region Periodic (end without breach) Breach (non-payment/other) Redevelopment/Relocation Key authority
New Zealand (national) ADLS holdover becomes monthly; either party may give 20 working days (if using ADLS form). Otherwise, lease-driven. Must first serve a Property Law Act notice to remedy giving a reasonable time (often framed as ~10 working days in practice) before you can cancel. No fixed statutory period; typically lease-driven (ADLS has detailed provisions). Property Law Act 2007 ss 244–246; ADLS Deed of Lease (holdover/termination).

 

 

Major differences in Australia

  • Retail/commercial statutes in several states require long lead times for demolition/relocation (often 6 months) and compensation or relocation offers.

  • Periodic/non-breach termination is otherwise lease-driven.

State/Territory (8) Periodic (end without breach) Breach (non-payment/other) Redevelopment / Demolition / Relocation Key authority
New South Wales Lease-driven. Lease + statute. Demolition: lessor must give ≥6 months notice (shorter if lease <12m). Relocation: ≥3 months relocation notice with comparable premises offer + details. Retail Leases Act 1994 (NSW)
Victoria Lease-driven. Lease + statute. Relocation: tenant may terminate within 1 month of relocation notice; otherwise relocation happens with safeguards. Demolition: genuine proposal + ≥6 months written notice. Retail Leases Act 2003 (Vic)
Queensland Lease-driven. Lease + statute. Demolition: ≥6 months written notice; failure to give notice extends term; tenant can end early on 1 month notice; compensation rules apply. Retail Shop Leases Act 1994(Qld)
Western Australia Lease-driven. Lease + statute. Relocation: clause must be in prescribed form; ≥6 months relocation/termination notice for redevelopment with compensation framework. Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA)
South Australia Lease-driven. Lease + statute. Relocation: tenant may terminate within 1 month after relocation notice; state guidance confirms demolition notice ≥6 months (with 7-day tenant early-exit option). Retail and Commercial Leases Act 1995 (SA)
Tasmania Lease-driven. Lease + Code. Code addresses demolition/relocation notice obligations for retail premises (now under Retail Leases Act 2022 rollout). Fair Trading Code of Practice for Retail Tenancies
ACT Lease-driven. Lease + statute. Relocation: ≥3 months written notice with comparable premises offer; Demolition/major works: ≥6 months (3 months where shorter terms), with compensation. Leases (Commercial and Retail) Act 2001 (ACT)
Northern Territory Lease-driven. Lease + statute. Relocation/Demolition framework in Business Tenancies (Fair Dealings) Act; tenant may terminate within 1 month after relocation notice in some cases. Business Tenancies (Fair Dealings) Act 2003 (NT)

 

Australia’s biggest legal risk area is demolition/relocation — states mandate long notice and procedural detail. Your templates should surface these state-specific timers.

 

Major differences in the USA 

  • Many states codify month-to-month termination (often 30 days).

  • Non-payment notices are usually short (3–5–10 days) but vary by state.

  • Demolition/relocation is typically contract-driven in the U.S. (unlike Australia).

State Periodic (end without breach) Breach (non-payment) Redevelopment/Relocation Key authority
California 30 days to end month-to-month (commercial covered by Civ. Code; the 60-day rule is a residential overlay). 3-day notice to pay rent or quit. Lease-driven. Cal. Civ. Code
New York Outside NYC: 1 month for non-residential monthly tenancies. NYC non-residential is contract-driven; 30 days is common practice. Typically per lease; statutory “pay or quit” periods not uniformly set for commercial. Lease-driven. N.Y. Real Property Law
Texas 1 month for month-to-month (either party). 3-day notice to vacate before filing, unless lease changes it. Lease-driven. Texas Property Code
Florida Commercial practice: 15-day notice for non-monetary breach/holdover; 3-day for non-payment (per commercial eviction guidance); periodic termination often 15 days for month-to-month under commercial practice. 3-day (non-payment). Lease-driven. Florida commercial guidance
Illinois 30 days to end month-to-month (weekly = 7 days). 5-day demand to pay before filing. Lease-driven. Illinois General Assembly
Pennsylvania 15 days (<1 yr) / 30 days (≥1 yr) to end term or for holdover; notice to quit framework applies to real property generally. 10-day notice for non-payment. Lease-driven. Landlord & Tenant Act of 1951
Washington 30 days written notice to end a month-to-month commercial tenancy. Non-payment notice period is set by unlawful detainer statutes/lease (short); confirm locally. Lease-driven. Washington State Legislature
Massachusetts 30 days (or the interval between rent days) for a tenancy-at-will (applies to business tenancies unless a fixed term/contract says otherwise). Typically per lease; demand notice usually required. Lease-driven. Mass. guidance on tenancies at will.
New Jersey 1 month for month-to-month; 3 months for year-to-year (at-will and terminations governed by statute). Usually per lease. Lease-driven. N.J.S.A. 

 

 

Major differences in the UK 

  • England & Wales (E&W): Most business tenancies have security of tenure under the Landlord and Tenant Act 1954. Landlords must use a Section 25 notice (6–12 months’ lead time) either to terminate or propose a new lease; tenants can serve Section 27 notice (≥3 months). Contracted-out leases revert to common-law notice.

  • Scotland: If neither party gives timely notice to quit, the lease continues automatically (tacit relocation). The standard notice is 40 clear days for most commercial terms ≥4 months. 

  • Northern Ireland: Business Tenancies Order 1996: landlords terminate via Article 6 notice (6–12 months window), and tenants can seek a new tenancy under Article 7. 

Jurisdiction Periodic (end without breach) Statutory termination/renewal Redevelopment/Relocation Key authority
England & Wales Common-law period’s notice if contracted out or truly periodic. Landlord: 6–12 months; tenant: ≥3 months Grounds to oppose renewal include redevelopment LTA 1954
Scotland 40 clear days in most commercial cases to avoid tacit relocation (or different statutory periods for very short terms). N/A (no 1954 Act); renewal happens by tacit relocation unless notice served. Lease/notice rules; Government consulting on reforms. Sheriff Courts (Scotland) Act 1907
Northern Ireland Typically per contract for periodic; business tenancy regime governs endings. Landlord’s notice: specify termination date; within 6–12 months window;  Compensation available if renewal opposed on certain grounds. Business Tenancies (NI) Order 1996

 

UK commercial rules are formal and notice-heavy, especially in E&W and NI. Scotland’s tacit relocation can trap parties who forget to serve notice.

 

Major differences in Canada 

  • Ontario sets clear minima: 1 month to end a month-to-month commercial tenancy.

  • British Columbia has a Commercial Tenancy Act (CTA) with prescribed forms (including “notice to quit”), but monthly notice length for commercial is generally lease-driven.

  • In many other provinces commercial notice is primarily contractual; statutes focus more on remedies (distress, re-entry) than generic “notice to vacate” periods. 

Province (10) Periodic (end without breach) Breach (non-payment/other) Redevelopment/Relocation Key authority
Ontario 1 month (monthly) or 1 week (weekly) sufficient to determine periodic commercial tenancy. Lease and statute-based remedies; formal notice required before re-entry. Lease-driven. Commercial Tenancies Act
British Columbia Lease-driven; CTA provides prescribed notice forms (“notice to quit”), but no fixed monthly period for commercial in the Act itself. Lease + CTA processes; insolvency/receiver scenarios addressed in case law/guidance. Lease-driven. Commercial Tenancy Act for BC
Alberta Generally lease-driven for periodic termination. Remedies and process in Commercial Tenancies Act; cure/termination per lease. Lease-driven. Alberta Commercial Tenancies Act 
Québec Civil Code governs non-residential leases; notice mechanics and renewals are contract/Civil Code-driven rather than fixed “month-to-month” minima. Cure/termination process under Civil Code + lease. Lease-driven. Civil Code of Québec (non-residential leases). 
Manitoba Largely lease-driven for commercial periodic termination. Statutory remedies exist; timing usually per lease. Lease-driven. MB Commercial Tenancies Act 
Saskatchewan Largely lease-driven; older statutes focus on remedies vs. set notice lengths. Per lease + statute. Lease-driven. SK legislation 
Nova Scotia Lease-driven; commercial act focuses on re-entry/distress. Per lease + act. Lease-driven. NS Commercial Tenancies Act 
New Brunswick Lease-driven; general landlord/tenant remedies apply. Per lease + act. Lease-driven. NB legislation 
Newfoundland & Labrador Lease-driven. Per lease. Lease-driven. NL legislation 
Prince Edward Island Lease-driven. Per lease. Lease-driven. PEI legislation 
 

Practical takeaway for Canada

outside Ontario (and BC’s use of formal forms), commercial “notice to vacate” timing is mostly what your lease says. Where you’re month-to-month, a one-period notice (e.g., one month) is common market practice, but confirm locally.
 
 

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