Ending your rental property lease early
'Must-know's for moving out of a room, share house or apartment 鈥 whether you just want a change or have a reason to leave.
Your options for ending your lease depend on your reasons for leaving.
To terminate your lease, you鈥檒l usually need to:
- Give notice聽to your landlord (and each co-tenant, if you signed a lease with others)
- Pay a break lease fee (usually 4-6 weeks' rent).
Please note: Penalties and fees differ between accommodation providers. Check your contract for Terms and Conditions.
You might be able to聽avoid paying a break fee and/or end your lease sooner if:
- The landlord isn鈥檛 fixing things or breaking the lease agreement
- The place is unliveable (e.g. major mould, flood, fire)
- You鈥檙e in danger or experiencing domestic violence
- You鈥檙e facing hardship (e.g. financial, mental health)
- You鈥檝e been offered social housing
- Your landlord didn鈥檛 tell you something important before you signed (e.g. they were selling).
However, you will still need to provide notice聽for some of these cases.
For the reasons above, you may need to go through , the NSW tribunal that helps with rental disputes.
Check your lease agreement to identify what type of lease you have.
Common contract types include:
- Fixed-term agreement聽鈥 Ends on a specific date (e.g. a 6-month or 12-month lease)
- Ongoing (periodic) agreement 鈥 Keeps going or renewing until someone gives notice to end it
- Occupancy agreement聽鈥 May have terms and conditions which differ from a standard agreement.
Reason to end lease | Notice period | Break fee required? |
|---|---|---|
End of lease term | 14 days | No |
Leaving聽fixed-term contract (before end date) | 14 days | Yes (depends on lease and how much of it you have completed) |
Leaving ongoing contract (no fixed end date) | 21 days | No |
Domestic violence, danger or property damage | None 鈥 you can leave immediately | No |
Hardship (financial, serious mental health) | Depends on lease conditions and circumstances | |
To learn more, refer to the NSW Government's information about .
Unless you don't feel safe or comfortable, don鈥檛 just leave without written notice. You鈥檒l still be legally responsible as a tenant and have to pay rent.
If you need to leave due to domestic violence, there are ways for you to terminate your lease immediately. Find support and follow our steps to leave immediately due to domestic violence below.
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What if I have co-tenants?
You may have co-tenants who also signed the lease agreement for your rental accommodation.
- If everyone is leaving, you can all submit your notice.
- If just you are leaving:
- Talk to your landlord and co-tenants early
- Submit a notice to both your landlord and each of your co-tenants individually.
You might need to go to to officially remove yourself from the lease.
Unless you don't feel safe or comfortable, don鈥檛 just leave聽鈥 you鈥檒l still be legally responsible.
To learn more, refer to the Tenant's Union's information about , , and .
What if I don't have co-tenants?
If you're the sole tenant, submit your notice to inform your landlord that you wish to end the lease.
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What should I include in my notice of lease termination?
- Your name
- The property address
- Why you're ending the lease (if there's a reason)
- The date you're moving out
- Your signature and the date.
Sending your notice as an email is fine聽鈥 just keep evidence that you sent it.
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- You will need to move out and return the keys on the end date outlined in your lease agreement.
- Rent will continue until the end date聽outlined in your contract even if you leave earlier.
- Do a final clean, take photos and get a condition report if possible.
- The landlord might disagree with your reason 鈥 they can apply to NCAT, but so can you.
You have legal rights to leave your rental accommodation without penalty if you are experiencing domestic or family violence.
Terminating your lease
You can end your lease immediately without penalty if the person causing harm is:
- Someone you have or had a domestic relationship with (e.g. a partner, family)
- A former or current co-tenant
- A former or current occupant of your rental accommodation.
鈿狅笍 Your safety comes first
Always do what鈥檚 safest for you! You can:
- Give notice and then leave, or
- Leave first and give notice later if that鈥檚 safer.
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Do I need to provide a lease termination notice?
You will have to provide notice to your landlord or agent to inform them of your decision to terminate the lease agreement. This notice must include evidence.
Please note:聽A notice is required even if you choose to move out first to keep yourself safe. You can have a support person deliver the notice for you.
If you have co-tenants, you'll need to provide them with notice as well. You don't need to include evidence for a notice to co-tenants.
What should I include in my notice?
Be sure to include:
- The date you wish to end your lease. This can be the same day.
- Suitable evidence (see below).
Notice templates
- 聽(evidence required)
- 聽(no evidence required)
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You can give your notice of lease termination yourself or nominate a support person to deliver it for you. The notice can be delivered:
- By hand
- By post
- By email.
You do not need to give a notice period. The lease can end immediately.
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When related to domestic violence, once you鈥檝e sent a notice to your landlord or agent (and co-tenants, if you have any):
- You can move out straight away
- You don鈥檛 have to pay more rent
- You won鈥檛 pay a break lease fee
- The landlord can鈥檛 blacklist you on tenancy databases because of this.
What if I paid part of the bond?
You can ask for what you paid back (minus any unpaid rent/damage).
If your co-tenant refuses to return your share, you can send a written demand (they will have 14 days to respond).
If you receive no reply after 14 days, apply to NCAT within 28 days to recover your bond payment.
You鈥檒l also need to submit a to the Rental Bond Board.
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After you give your notice:
- Other non-offending tenants will continue to pay their usual share of rent for 14 days. After that, they can either:
- Find a new housemate
- Apply to NCAT to end the lease.
- If the offender is the only one left, they will have to pay the full rent.
- Other non-offending tenants will continue to pay their usual share of rent for 14 days. After that, they can either:
Further information
Need help now?
91色情片 Gendered Violence Portal
A central hub to report gendered violence and get the support you need
1800 RESPECT (1800 737 732)
24/7 support for anyone experiencing domestic or family violence
Emergency support services
On-campus & off-campus support for emergencies and incidents
91色情片 Off-Campus Accommodation Support (OCAS)
Get help with finding accommodation off campus. We can assist you with exploring a range of options that suit your requirements.
Access free advice about your rights and responsibilities as a tenant. Tenants' Advice Services operate across NSW and can guide you to the right support services for rental concerns.
Find the legal advice and support you need for accommodation-related matters.
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