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Ending a residential tenancy

Ending the tenancy
Australian Capital Territory Tenant – 3 weeks notice
Landlord – from 14 days to 26 weeks
New South Wales Tenant – 14 days if landlord in breach of agreement
14 daysIf period of agreement is ending
Landlord – 14 days if tenant is 2 weeks or more in arrears.
30 days if
agreement is coming to an end.
30 days if
premises have been sold after the fixed term has ended 14 days.
90 days
if fixed term period has expired and no new agreement has been signed.
Northern Territory Tenant – 14 days at end of fixed tenancy
Landlord – 14 days at end of fixed tenancy. 42 days for periodic tenancy.
Queensland Tenant – 14 days
Landlord – 2 months for fixed term or periodic agreement.
South Australia Tenant if periodic agreement – may give 21 days’ notice or a period equivalent to a single period of the tenancy,whichever is the longer.
Landlord if periodic agreement – generally must give 60 days notice. If rent is in arrears more than 14 days or breach of contract then 7 days notice can be given. 90 days if no reason is given.
Tasmania Tenant – If the agreement is for a fixed term, there will be a specific expiry date after which the tenant may leave. The tenant is not required to give notice of termination if a fixed period agreement has expired. If an agreement is of no fixed term, the tenant can leave after giving 14 days notice to the owner without giving any reason.
Landlord – 14 days – 28 days
Victoria Tenant – from 14 to 28 days
Landlord – 90 days ***
Western Australia Tenant – 21 days
Landlord – Generally 60 days. 30 days if property is sold and contract requires vacant possession. Breach of agreement allows 7 days notice after tenant given 14 days’ notice in writing to rectify breach
*** Victoria – The rules regarding ending the tenancy are complex for both tenant and landlord. If you want the full details view the guide at Consumer Affairs Vic.  click here for Victorian guidebook.

Next please

Someone once said all good things must come to an end. So sooner or later your tenant will decide to move on and you start the process of finding the right tenant again.

Most tenancies end by your tenant giving you written notice to terminate the lease agreement. You negotiate times for access to show prospective tenants according to the terms of your agreement. You arrange a final inspection date and time, compare the current condition against the agreed condition report signed at the start of the lease and negotiate for payment of repairs due to your tenants occupation.

You both sign the application for return of their bond. They move out. Your wife cleans the stove, touches the walls with affection and the next tenant moves in.

Holding back rent

Although your agreement says rent must be paid up until the end of the term often people hold back rent as the vacancy day approaches. There really is not much you can do about this. Time is just not on your side. You are not likely to get before a tribunal in the time frame required so just accept it as a fact of life.

Tenants justify their breach of contract because you have the bond to cover any outstanding rent. Most times you will find that this works out ok for you. You just need to be more diligent in pushing to collect the rent if you suspect there will be damages that eat into the bond.

I rarely have a new tenant move in on the same day as the prior tenant moves out. In fact I do not usually show anyone through until the premise are vacant. I might lose a week or two in rent but I like to make sure the place is in good order for the next people who live there.

Termination of the lease agreement by the landlord.

There can be many reason a landlord wants a tenant to vacate. You may want to move in to the property or one of your relatives or friends wants to live there. You may want to do renovations. You might want to sell the property with vacant possession. Each state has varying rules regarding the notice period required to end a tenancy. Different situation have different rules. To ensure a positive result comply with the laws in your state.

Sometimes you just want the current tenant out because they are too much hard work. A lot of State authorities call this termination without giving a reason. Check the procedures and rules in your state.

Often when a termination is instigated by a landlord it is due to breaches of your rental contract. Most often it will be before the agreement has expired. Read our section on “Settling Tenancy Disputes” for more information.