Ending a Residential Tenancy

In NSW, tenants must usually give at least 14 days’ written notice to end a fixed-term lease and 21 days’ notice to end a periodic tenancy. Landlords must provide longer notice periods depending on the agreement type and legal grounds. All notices must be in writing and comply with the Residential Tenancies Act 2010 (NSW).

Ending a residential tenancy in NSW requires a valid written notice that complies with statutory minimum notice periods. The amount of notice required depends on whether the tenancy is fixed-term or periodic, and whether the notice is issued by the tenant or landlord. If the required notice is not given correctly, the tenancy may continue and rent may remain payable.

The minimum notice period a tenant must give depends on the type of agreement.

• End of a fixed-term lease: a tenant must provide at least 14 days’ written notice before the fixed-term end date if they intend to vacate at the conclusion of the lease.
• Periodic (ongoing) agreement: If the lease has rolled into a periodic agreement, the tenant must provide at least 21 days’ written notice.

Ending a fixed-term lease early (break lease): If a tenant wishes to leave before the fixed term ends, there is no minimum notice period required however a break lease costs or compensation may apply unless a legal ground for early termination exists. Legal grounds may include hardship, domestic violence provisions, or the premises becoming uninhabitable. It is highly recommended that you give as much notice as possible if you are intending on breaking the lease.

For a notice to be valid in NSW, it must be in writing, clearly state the termination date, allow the correct minimum notice period, and be delivered in accordance with the tenancy agreement or NSW legislation. The notice period generally begins from the date the notice is taken to have been received, not necessarily the date it was sent.

To submit a written Notice to Vacate follow the steps below;

1. Download the Notice to Vacate Form using our link
2. Fill out all required sections and check the dates meet the required notice period
3. Once completed you can either email to us at support@sydneyrealtygroup.com.au or upload it through our messenger portal found on our website sydneyrealtygroup.com.au
4. If you prefer, you can also use the standard notice to vacate form from NSW Fair Trading
5. If you are submitting via post you must allow 7 additional days for postal service
6. Retain a copy of the form for your own records

If a tenant does not provide the required notice period, rent may continue to be payable until the tenancy is lawfully terminated. If a landlord issues an invalid notice, the termination may not be enforceable. Disputes relating to notice periods may be referred to NSW Fair Trading or the NSW Civil and Administrative Tribunal (NCAT).