How to end a Lease
Ending a lease is one of the most important aspects of renting. Getting it right avoids stress and cost down the track. It also sets you up for a great rental reference.
Life is unpredictable and you may decide not to renew your expiring lease or to break lease. Either way, you need to let your property manager know in writing.
As you navigate your way through bringing your lease to an end, there’s some important things to know so that all runs smoothly and any financial penalty is minimised as much as possible. This article goes through the ins-and-outs of ending a tenancy by both parties.
Giving a ‘Notice to Vacate’ to your property manager
There are three important aspects to a Notice to Vacate.
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Timeframes - the following notice timeframes are for giving notice of vacating the property without any legally specified reason, unless otherwise specified. If your landlord has breached the agreement, has delivered a rent increase or if the property is unusable, special considerations can be made, so be sure to check out your state’s rental information resources.
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Delivery of the notice - most people may choose to deliver a notice of vacating the property through email. For renters that choose to send via postal mail, ensure that you allow for enough time for the letter to get to your property manager, on top of the minimum days’ notice requirement (and keep a record of the letter and postal receipt).
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Fixed or ongoing leases - it’s important to understand the difference between a fixed-term and periodic lease, if you’re unsure, you can read about it on the Snug blog here.
What documents do I need to give ‘Notice to Vacate’?
Most property managers will have standard templates on their website. Here are example letters (double check what is suitable for your situation):
NSW
If the renter wants to break the lease earlier than the end date outlined in the lease agreement, they are encouraged to come to an agreement with the landlord. When approaching the end of the fixed-term, renters must give a minimum of 14 days’ notice to the property manager.
For periodic agreements with no reason for ending the lease, renters must give a minimum of 21 days’ notice. If the landlord is in breach of the agreement, then only 14 days’ notice is required.
VIC
For fixed-term agreements, tenants must give a minimum of 28 days’ notice of intent to vacate when approaching the end of the tenancy term. In the case that the renter has been given 120 or 60 days’ notice to vacate from your landlord, then they can leave early, with 14 days’ notice.
For periodic agreements, a minimum of 28 days’ notice is required.
QLD
For both periodic and fixed-term agreements, renters must give a minimum of 14 days’ notice. For other circumstances such as non-compliance with QCAT orders by the landlord or in the case of an unremedied breach of the agreement by the landlord, 7 days’ notice is required.
SA
For fixed-term agreements, renters must provide the landlord with 28 days’ notice when approaching the end of the fixed-term. If the renter wants to break the lease earlier than the date outlined in the lease agreement, they are encouraged to come to an agreement with the landlord.
For periodic tenancies, renters are required to give the landlord a minimum of 21 days’ notice.
ACT
For fixed-term agreements, tenants can be liable for compensating the landlord for losses that arise from breaking the lease early. However, if included in the lease agreement, this can be substituted for a one-off “break lease fee”. When approaching the end of the fixed-term, tenants can submit a notice of intent to vacate with a minimum of 14 days’ notice.
For periodic agreements, renters are required to give the landlord a minimum of 3 weeks’ notice.
WA
For fixed-term agreements, renters can only terminate the tenancy without financial penalty if the choice to break the lease is mutual between the landlord and renter. When approaching the end of the fixed lease term, renters are required to give 21 days’ notice of intent to vacate.
For periodic agreements, renters are required to give the landlord a minimum of 21 day’s notice.
NT
For fixed-term agreements, renters can only terminate the tenancy without financial penalty if the choice to break the lease is mutual between the landlord and renter. When approaching the end of the fixed lease term, renters are required to give 14 days’ notice of intent to vacate.
For periodic agreements, renters are required to give the landlord a minimum of 14 day’s notice.
TAS
For fixed-term leases, the renter is responsible for paying any losses endured by the landlord caused by breaking the lease early, although both parties have a “duty to mitigate loss” which means that the renter should be prompt in serving their intent to vacate, and the landlord should also be reasonably prompt in finding a replacement tenant. For tenants that are approaching the end of their fixed-term and choose not to continue the lease, they are required to provide 14 days’ notice.
For periodic agreements, renters are required to give the landlord a minimum of 14 days’ notice.
Receiving notice to vacate
The rental regulations in Australia are being reformed so this information is a guide only. Please check your local rental authority website for up to date requirements.
NSW
For fixed-term agreements, landlords can’t end the lease before the end of the agreement, unless they have grounds to do so (such as the tenant breaching the agreement e.g. being in continual arrears).
For periodic (month-to-month) agreements, landlords must provide a minimum of 90 days’ notice. If the tenant is in breach of the agreement, then the landlord must provide a minimum of 14 days notice.
VIC
Similar to other states, for fixed-term agreements landlords can’t end a lease before the end of the term, unless they have grounds to do so (such as the renter breaching the agreement e.g. being in continual arrears).
For periodic (month-to-month) agreements, landlords must provide a minimum of 60 days’ notice and must provide a reason for giving notice such as planning to renovate or sell the property. If they can’t provide a valid reason, then they must provide a minimum of 120 days notice.
QLD
For fixed-term leases, a landlord can’t evict a tenant during the lease term, unless the tenant has breached the terms of the agreement, or both parties mutually decide to end the lease.
For periodic leases, a landlord must provide at least 2 months’ notice.
SA
For fixed-term agreements, landlords can’t end your lease before the end of the agreement, unless they have grounds to do so (such as the tenant breaching the agreement e.g. being in continual arrears). Landlords must provide at least 28 days notice at the end of a fixed-term lease.
Landlords must provide a minimum of 60 days notice if they plan to occupy or sell the property during a periodic lease or after a fixed-term lease has expired. If they aren’t able to provide a valid reason, then notice must be 90 days.
ACT
For fixed-term agreements, landlords can’t end the lease before the end of the agreement, unless they have grounds to do so (such as the renter breaching the agreement e.g. being in continual arrears).
For periodic agreements, the landlord must provide a minimum of 4 weeks’ notice if they have valid cause. If not, then they must provide a minimum of 26 weeks notice.
WA
Landlords must provide 30 days notice at the end of a fixed-term tenancy, or during a periodic tenancy if they have a valid reason, and 60 days notice if the landlord does not have a reason.
NT
For fixed-term agreements, landlords can’t end the lease before the end of the agreement, unless they have grounds to do so (such as you breaching the agreement e.g. being in continual arrears). They must provide 14 days notice when reaching the end of the lease.
For periodic agreements, the landlord must provide a minimum of 42 days’ notice.
TAS
When reaching the end of a fixed-term agreement, landlords must provide a minimum of 42 days notice, this is the same for periodic agreements too. However, if there is “substantial nuisance at the premises”, a landlord can evict a tenant with just 14 days notice.
If you’re a renter and looking to vacate your current property, make sure that you make efforts to ensure you get your bond refund in full. You can check our top tips here
Happy renting,
Team Snug