Giving Notice to Vacate

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End of lease agreement

If you want to end your tenancy when the fixed term period of the agreement is due to run out, you will need to give at least 14 days' notice. This notice can be given up to and including the last day of the fixed term.

Periodic Tenancy (No longer a fixed term lease)

If you want to end your tenancy after the fixed term has ended (and you have not signed another agreement), you will need to give at least 21 days' notice. This notice can be given at any time and does not have to line up with the rent payment cycle. You must pay the rent up to and including the day your notice ends and you vacate.

Leaving Before Your Lease Ends (Breaking Your Lease)

You may find themselves in a situation where you need to vacate the property before the end of the lease. In this case, you are responsible for covering any loss suffered by the owner as a result. This includes paying for the cost of:

  • All advertising incurred
  • Pro-rata portion of the letting fee
  • Rent until the property is re-let

We will help you through the process and commence searching for a new tenant for you as quickly as possible.

Assigning Your Lease to Another Person

If you find another person to take over the lease or would like a new flat mate to move in, you must seek the owner’s consent. The new potential tenant is required to go through an application process and be approved, as you did, prior to moving in. We promise to make this process quick for you!  The names the bond is held in by Fair Trading will also need to be changed to ensure the bond claim process when you eventually vacate the property, is a smooth one.

The Landlord has served Notice to Vacate

The owner has the right to serve you notice to vacate your property. The following table indicates the notice required in each circumstance

Amount of notice required

If a landlord wants/ needs possession of their investment property they will issue a termination notice. 
The notice must:

  • be in writing
  • be signed and dated by the landlord or the agent
  • be properly addressed to you, the tenant
  • give the day on which the residential tenancy agreement is terminated and by which the tenant is required to vacate
  • where appropriate, give the grounds/reason for the notice.

The minimum period of notice the landlord/ agent can give a tenant to vacate is:

  • 14 days – if the tenant is 14 days or more behind with the rent or has committed some other breach of the tenancy agreement
  • 30 days – if the fixed term of the agreement is due to end
  • 30 days – if the premises have been sold after the fixed term has ended and vacant possession is required by the buyer under the terms of the sale contract
  • 90 days – if the fixed term period has expired and no new agreement has been signed.

These notice periods are designed to give tenants reasonable time to find another rental property. If they can find a property sooner they can move out at any time without having to give you any formal notice. Except where notice has been given for the end of the fixed term, the tenant's responsibility to pay rent ends from the date they hand back possession, not the end of the notice.

There is no minimum notice period required if notice is given on the grounds of:

  • the premises being destroyed or wholly or partly uninhabitable
  • ceasing to be legally used as a residence
  • being acquired by a compulsory process (eg. by the RTA)
  • on the death of the sole tenant.

After the landlord issues a notice they can still issue another notice on a different ground if necessary. For example, if they issued a 90 days notice to terminate a periodic tenancy without a reason, and you, the tenant then did not pay rent for 14 days, they can issue a nonpayment of rent notice.