To bring a tenancy to an end you must provide written notice to the landlord or managing agent, in a specific timeframe depending on your situation.
When your fixed term is ending – if you want to leave at the end of your fixed term lease you need to give the landlord at least 14 days’ notice. You can provide this notice at any time up to the very last day of your fixed term.
If your fixed term has already ended – if you have continued to rent the premises, say on a week to week or month to month basis, you need to give the landlord at least 21 days’ notice.
When the Landlord has decided to sell the property – if you are still in your fixed term you can end your tenancy by giving the landlord at least 14 days’ notice. This however doesn’t apply if your landlord advised you of their intention to sell the property before you entered into the tenancy agreement.
When the landlord gives you notice – if you have been given a notice of termination, you are entitled to move out before the notice ends. If you are at the end of a fixed term agreement you must pay rent until the Lease term ends, otherwise you only need to pay rent up until you vacate the property.
Under no circumstances should you ever stop paying rent, even if there is a dispute with the landlord. This is a breach of the lease agreement.
Victims of domestic violence – new legislation introduced in February this year has created a provision that applies if you are in a domestic violence situation. In these circumstances there is no minimum notice period, however you must provide specific evidence to the Landlord as well as a domestic violence termination notice to both the Landlord and any of your co-tenants. The evidence that may be used in this situation is a declaration from a Medical Practitioner, a Domestic Violence Order, Family Law injunction or a Conviction Certificate.
Different rules apply for Commercial, Industrial and Retail leases.
Confused about your rights as a tenant? Contact the team at Everingham Solomons, because Helping You is Our Business.
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