Break Lease

Breaking a Fixed Term Lease - What You Need to Know

Life can be unpredictable, and sometimes circumstances change, requiring you to end your tenancy early. Understanding your rights and obligations when breaking a lease in New South Wales is crucial to ensure a smooth transition and avoid unnecessary costs.

Legal Grounds for Breaking a Lease without Penalty

Under the Residential Tenancies Act 2010 (NSW), tenants may terminate a fixed-term lease early without penalty in the following situations:

• Domestic Violence: If you or a dependent child are experiencing domestic violence, you can end the tenancy immediately without penalty.
• Social Housing or Aged Care: If you have accepted an offer of social housing or need to move into an aged care facility, you may terminate the lease early without penalty.
• Landlord Breach: If the landlord has breached the tenancy agreement or failed to disclose required information before entering into your residential agreement, you can end the lease early without penalty.
• Uninhabitable Property: If the property becomes uninhabitable due to unforeseen circumstances, you may terminate the lease early without penalty.

In these cases, providing at least 14 days' written notice to the landlord is typically required. Notices can be sent to our email address at Support@sydneyrealtygroup.com.au

Break Lease Costs and Charges for Fixed - Term Agreements

For fixed-term agreements signed after 23 March 2020 and with a term of 3 years or less, the break lease fee is calculated based on the percentage of the lease term that has expired:

• Less than 25% expired: 4 weeks' rent
• 25% to less than 50% expired: 3 weeks' rent
• 50% to less than 75% expired: 2 weeks' rent
• 75% or more expired: 1 week's rent

For leases longer than 3 years, break fees do not automatically apply. In such cases, the landlord may seek compensation for reasonable costs, such as lost rent, advertising expenses, or letting fees.

How to Notify us of your intentions to vacate

Regardless of whether you meet the legal requirements for early termination, you must provide us with written notice of your intent to vacate. This notice should include:

• Your full name and contact details
• The address of the rental property
• The date you intend to vacate
• A forwarding address for bond return

Please note that you are responsible for paying rent up to the date you vacate the property. Additionally, you must ensure the property is returned in the same condition as when you received it, excluding fair wear and tear. This includes:

• Repairing any damages
• Replacing blown light bulbs
• Cleaning the property thoroughly
• Attending to any gardening needs

Payment of Fees and Charges

We request that all outstanding amounts, including the break lease fee, rent up to the vacate date, and any repair or cleaning costs, be paid before the end of your lease. This ensures that we can process your bond refund promptly. Please be aware that bond deductions can take time; while a full bond release can be expected within 1-3 business days, any claims on the bond may delay the funds for up to 14 days or longer.