Ending your lease

How much notice does a tenant need to give?

If you are in a current lease and you would like to vacate at the end of your lease (Ending a Fixed Term Agreement), you need to give at least 14 days notice.

If your lease has expired and you are in a continuing tenancy (Ending a Periodic Agreement), you need to give at least 21 days notice.

A tenancy agreement will usually be terminated by the tenant giving notice to the other party, with the tenant vacating by the date specified in the termination notice.

A termination notice must:

• • be in writing
  • be signed and dated by the party giving the notice
  • include the address of the rented property
  • state the day the tenancy agreement is terminated (and by which the tenant will need to move out), and
  • include the reasons for termination (if applicable)

Breaking a fixed-term lease

If you are in a current lease and you want to vacate before your lease expires, you would be breaking your lease and penalties may apply.

When a tenant signs a fixed term agreement, they are committing to stay for the full term. If a tenant wants to move out before the end of the fixed term, there could be costs involved such as a break fee. A break fee is a penalty a tenant agrees to pay if they move out before the end of the fixed term.

For agreements of 3 years or less

Mandatory break fees may apply, which are payable based on the stage of the agreement.

If the mandatory break fee applies, the set fee payable is:

• 4 weeks’ rent if less than 25 per cent of the agreement has expired
• 3 weeks’ rent if 25 per cent or more but less than 50 per cent of the agreement has expired
• 2 weeks’ rent if 50 per cent or more but less than 75 per cent of the agreement has expired
• 1 week’s rent if 75 per cent or more of the agreement has expired.

There are some situations where a tenant can end a fixed-term agreement without penalty.