Terminating the Tenancy
The Residential Tenancy Agreement may be terminated by you in the following ways:
If you intend to vacate at the end of your Residential Tenancy Agreement you are required to give fourteen (14) days written notice prior to the expiry of the fixed term of your agreement.
Once the fixed term has expired, you are at liberty to continue living at the property or to vacate. If you intend to vacate, written notice to that effect must be received by our office at least twenty-one (21) days prior to the vacating date.
BREAK LEASE
If unforeseen circumstances arise and you have to vacate prior to the end of your Residential Tenancy Agreement fixed term, please contact our office immediately and we will confirm the break lease procedure for you.
There have been major changes to NSW Tenancy Laws from 23rd March 2020. As part of the changes to residential tenancy laws, mandatory fees apply to all new fixed-term agreements of 3 years or less, when a tenant ends the agreement early. The set fees depend on how much of the agreement is left.
THE BREAK FEES ARE:
- 4 weeks rent if less than 25% of the agreement has expired
- 3 weeks rent if 25% or more, but less than 50% of the agreement has expired
- 2 weeks rent if 50% or more, but less than 75% of the agreement has expired
- 1 week’s rent if 75% or more of the agreement has expired.
EXAMPLES:
- If 7 months of a 12-month tenancy agreement (or 58%) has expired, a tenant would need to pay a fee equal to 2 weeks’ rent to the landlord to end the agreement early.
- If 2 months of a 6-month tenancy agreement (or 33%) has expired, the tenant would need to pay a fee equal to 3 weeks’ rent to the landlord to end their agreement early.
When ending an agreement early, legislation suggests that a tenant should try to give as much notice to their landlord as they can.
Please use the following form for vacating intention to break lease.
GIVING NOTICE
It is a legal requirement that you provide us with your Notice to Vacate in writing/email. We recommend that you use our Vacate Notice as it provides us with all the information that will be required when vacating.
When giving notice and deciding on your vacating date, please ensure that you take into consideration the time required for cleaning, carpet cleaning, rubbish removal & gardening etc. This must be completed on or before your vacate date. Failure to do this may delay your bond refund.
In addition, rent is payable and will be charged for each day after you vacate that you require access to the property.
VACATING
Our “Vacating Checklist” contains all information you need to ensure everything can run smoothly when you are moving out and your bond can be returned without any delays.
Please take the time to read through this information and mark off maintenance, repairs and cleaning as you do them to ensure that the property is left in a clean and well-maintained condition. Alternatively allow us to arrange quotes for you.
Do not leave the keys at the property after you vacate. Rent will be charged until the keys are returned. Once the keys have been returned, we will attend the property to conduct the outgoing inspection. If you would like to be present for the inspection, please contact our office to arrange a mutually convenient time.
If you pay water usage, we will do a final water meter reading at this time and will notify you of the amount of water usage to be paid.
Ensure that your rent is paid to the vacate date to avoid delays in refunding your bond. Your bond cannot be used as rent.
