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A guide for tenants
Generally, to end your tenancy you will need to give written notice to the landlord or agent. The notice period required will be different depending on the situation.
You can also end your tenancy by moving out after you have been given notice by the landlord.
At the end of the fixed term
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.
After the fixed term
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.
When a property is put up for sale
If your landlord notifies you of their intention to sell the property during the fixed term of your tenancy, you can end your agreement, without having to compensate the landlord for the early termination, by giving at least 14 days’ notice. However, this does not apply if before you entered into the tenancy agreement, your landlord disclosed the proposed sale to you for which a contract for sale was prepared.
Getting notice from the landlord
If your landlord serves you with a termination notice you can move out any time before the notice ends without having to give your own notice. If you were given notice because of the end of the fixed term, you are responsible for paying the rent until the last day of the fixed term. Otherwise no further rent is payable from the day you hand back vacant possession after getting a termination notice from the landlord.
If your landlord serves you with a termination notice and you do not vacate by the day requested, the next step they can take is to apply to the NSW Civil and Administrative Tribunal for a termination order. The Tribunal will send you a notice to attend a hearing.
The information on the following pages covers other issues about ending a tenancy: |
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