Ending my lease

I want to move out

Notice periods, break fees, and penalty-free exits.

1. 01On a periodic lease you can leave with 21 days notice

   s 96

   If you are out of the fixed term and on a rolling (periodic) agreement, you can end the tenancy for any reason by giving 21 days written notice.

   You might have been told: "You have to give a month." 21 days is the minimum under the Act.

   Next step: Give written notice, keep a copy, and photograph the property at handover.

   Residential Tenancies Act 2010 (NSW) s 96

2. 02At the end of a fixed term you give 14 days notice

   s 96

   To end the tenancy at the end of your fixed term, give at least 14 days written notice. The notice can end on or after the last day of the term.

   You might have been told: "You are automatically locked into another year." You are not — the agreement rolls into a periodic one unless you sign a new term.

   Next step: Diarise 14 days before your fixed term ends and send written notice if you are moving on.

   Residential Tenancies Act 2010 (NSW) s 96

3. 03Leaving early: the break fee is a fixed scale

   s 107

   For a fixed term of 3 years or less, the break fee is set by law: 4 weeks rent if less than 25% of the term has expired, 3 weeks if 25% to under 50%, 2 weeks if 50% to under 75%, and 1 week if 75% or more has expired. That is the whole liability — not rent until the place is re-let.

   You might have been told: "You owe rent until we find someone, plus advertising and a letting fee." Where the fixed break fee applies, it replaces open-ended compensation.

   Next step: Work out your tier with the break fee calculator, give written notice, and pay the set fee rather than an invented amount.

   Residential Tenancies Act 2010 (NSW) s 107(4)

4. 04Some exits carry no penalty at all

   s 107

   You can end a fixed term early without penalty in certain situations, including circumstances of domestic violence (immediately, with the right evidence), and other grounds set out in the Act such as certain breaches by the landlord.

   You might have been told: "There is always a break fee." There are several no-penalty exits.

   Next step: If you may qualify for a no-penalty exit, get advice first from a Tenants Advice and Advocacy Service at tenants.org.au.

   Residential Tenancies Act 2010 (NSW) s 107 (break fee); no-penalty grounds elsewhere in Part 5