In the last 14 days of the fixed-term period of the agreement, either party can give 14 days notice to end the tenancy. This notice can be served up to and including the last day of the fixed term. Once the fixed-term period has ended you are required to give at least 21 days notice. The landlord or agent must give you at least 90 days notice.
If there is a breach of the tenancy agreement, a notice period of 14 days applies.
If the landlord wants to sell the premises, you may be asked to vacate the premises by the time the sale is finalised. The landlord must give you at least 30 days written notice (after the contracts of sale have been entered into). This only applies after the fixed-term has ended.
Breaking the tenancy agreement early
- If you want to end the tenancy agreement early you should give as much notice as possible, preferably in writing. Keep a copy of the letter.
- If the tenant ends the residential tenancy agreement before the end of the fixed term of the agreement, the tenant must pay a break fee of 6 weeks rent if less than half of the term has expired or 4 weeks rent in any other case.
- Breaking an agreement can be costly to you. A landlord can claim compensation for any loss suffered as a result of you ending a tenancy agreement early, so try and come to an agreement with the landlord / agent.
This above summary is intended as an overview to be read in line with your Tenancy Agreement, Rental Guide & NSW Fair Trading website.