Termination Notice Requirements
A termination notice should be:
Written, signed, and dated by the party issuing the notice.
Inclusive of the rental property's address.
Clear about the termination date of the tenancy agreement, indicating when the tenant needs to vacate.
Accompanied by reasons for termination if applicable.
Not bound to the rent payment cycle; it can be issued at any time.
Subject to further notices on different grounds if needed. For instance, a landlord issuing a 90-day notice for a periodic tenancy can issue another notice for non-payment of rent if the situation arises.
Lease Termination Notice Chart
Lease Termination Notice Chart
| Reason for Termination |
Type |
Minimum Notice Landlord Must Give |
Minimum Notice Tenant Must Give |
| Domestic Violence |
Either |
N/A |
None |
| End of Fixed Term Agreement |
Fixed Only |
30 days |
14 days |
| End of Periodic Agreement |
Periodic Only |
90 days |
21 days |
| End of Periodic Employee or Caretaker Agreement |
Periodic Only |
28 days |
21 days |
| Landlord Sells Property |
Periodic Only |
30 days |
N/A |
| Breach of Agreement |
Either |
14 days |
14 days (or apply to the Tribunal) |
| Non-payment of Rent or Charges |
Either |
14 days |
N/A |
| Damage or Injury |
Either |
None** |
N/A |
| Illegal Use of Property |
Either |
None** |
N/A |
| Threats, Abuse, Intimidation, Harassment |
Either |
None** |
N/A |
| Hardship (Landlord) / Fixed Term (Tenant) |
Either |
None** |
None** |
| Long Term Tenancies |
Periodic |
None** |
N/A |
| Remaining Occupants After Tenancy Ends |
N/A |
14 days |
N/A |
| Breach of Information Disclosure |
Either |
N/A |
14 days |
| Rent Increase (2+ Years Fixed Term) |
Fixed Only |
N/A |
21 days (before increase) |
| Early Termination without Penalty |
Fixed Only |
N/A |
14 days |
| Co-tenant Terminates Tenancy |
Periodic Only |
N/A |
21 days |
| Death of Co-tenant |
Either |
N/A |
21 days |
| Death of Sole Tenant |
Either |
None |
None (by legal representative) |
| Property Uninhabitable, Destroyed, Compulsory Acquisition |
Either |
None |
None |
| Other Legal Reasons |
N/A |
Apply to the Tribunal |
Apply to the Tribunal |
Early Lease Termination
If you seek to end a fixed-term lease before its conclusion, there might be associated costs unless:
You are facing financial hardship, requiring an application to the NSW Civil and Administrative Tribunal.
You've accepted an offer of social housing.
You need to relocate to a nursing or care home.
The lease usually outlines the fees applicable to an early termination.
Landlord's Early Lease Termination
Under specific circumstances, landlords may terminate a fixed-term lease prematurely:
Due to financial hardship, there's no mandated notice period, but an application to the NSW Civil and Administrative Tribunal is necessary.
Selling the property requires a 30-day notice for periodic agreements.
Tenant breach of the tenancy agreement necessitates a 14-day notice.
Understanding these termination intricacies can help navigate lease endings more smoothly, ensuring compliance with legal obligations and safeguarding tenant and landlord rights.