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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  30 Jul 2014
Consolidated as at:  11 Jan 2005

43. Effect of notice to vacate

      (1) A notice to vacate takes effect on a date specified in the notice that is a date –

(a) [Section 43 Subsection (1) amended by No. 67 of 2003, s. 20, Applied:05 Mar 2004] at least 14 days after the notice is served, if the notice is for the reason referred to in section 42(1)(a), (b) or (g); or

(b) [Section 43 Subsection (1) amended by No. 67 of 2003, s. 20, Applied:05 Mar 2004] at least 28 days after the notice is served, if the notice is for the reason referred to in section 42(1)(c), (d), (e) or (f).

      (2) A notice to vacate on the ground of failure to pay rent is of no effect if a tenant pays all arrears in rent before that notice takes effect unless 2 or more notices to vacate on that ground have been served on the tenant during the immediately preceding 12 months.

      (3) A notice to vacate on the ground that the tenant has failed to comply with a provision of the residential tenancy agreement is of no effect if the tenant complies with that provision before the period referred to in subsection (1)(a) expires.

      (4) [Section 43 Subsection (4) inserted by No. 67 of 2003, s. 20, Applied:05 Mar 2004] A notice to vacate expires after the period of 28 days from the day on which it took effect.


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