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Constructive Eviction Letter Template for Australia

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Key Requirements PROMPT example:

Constructive Eviction Letter

"I need a Constructive Eviction Letter for my Melbourne apartment where persistent black mold and a faulty HVAC system have made the property uninhabitable since January 2025, despite multiple maintenance requests to the property manager."

Document background
The Constructive Eviction Letter is a critical legal document used in Australian residential tenancy disputes when a landlord's actions or inactions have made a property uninhabitable. It serves as formal documentation of serious habitability issues that breach the implied warranty of habitability under Australian state tenancy laws. This document is typically employed when previous informal communications have failed to resolve serious maintenance or safety issues. The letter must comply with state-specific residential tenancy legislation and should detail all relevant issues, communication history, and requested remedies. It often precedes legal action and may be required as evidence in tenancy tribunal proceedings. The document should reference specific violations of local building codes, health regulations, and tenancy laws to establish the legal basis for the complaint.
Suggested Sections

1. Sender's Details: Full name, address, and contact information of the tenant

2. Date: Current date of the letter

3. Recipient's Details: Landlord's or property manager's full name, company (if applicable), and address

4. Property Reference: Full address of the rental property and lease reference details

5. Description of Issues: Detailed explanation of the conditions making the property uninhabitable

6. History of Communication: Timeline of previous notifications to landlord about the issues

7. Legal Basis: Reference to relevant laws and lease terms being violated

8. Remedy Request: Clear statement of requested actions and timeline for resolution

9. Notice of Intent: Statement of intended legal action if issues are not resolved

Optional Sections

1. Health Impact Statement: Description of any health issues caused by the uninhabitable conditions, include if medical documentation exists

2. Financial Impact Statement: Details of any financial losses incurred due to the conditions, include if there are quantifiable damages

3. Third-Party Assessments: Reference to any professional inspections or reports, include if such assessments have been conducted

4. Rent Escrow Notice: Information about placing rent in escrow, include if permitted by local law and intended to be used

5. Alternative Accommodation Details: Information about temporary relocation if required, include if tenant has had to relocate

Suggested Schedules

1. Photographic Evidence: Dated photographs documenting the uninhabitable conditions

2. Communication Log: Chronological record of all relevant communications with the landlord

3. Inspection Reports: Copies of any professional inspection reports or assessments

4. Medical Documentation: Copies of medical reports if health has been impacted

5. Expense Records: Documentation of any expenses incurred due to the uninhabitable conditions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























Clauses



















Relevant Industries

Real Estate

Property Management

Legal Services

Residential Housing

Property Development

Building and Construction

Property Investment

Facility Management

Relevant Teams

Legal

Property Management

Compliance

Real Estate Operations

Tenant Relations

Facility Operations

Risk Management

Customer Service

Housing Services

Dispute Resolution

Relevant Roles

Property Manager

Tenancy Manager

Legal Counsel

Real Estate Agent

Facility Manager

Building Inspector

Compliance Officer

Tenant Rights Advocate

Housing Officer

Leasing Manager

Property Management Director

Tenancy Relations Officer

Real Estate Legal Advisor

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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