Breaking Tenancy Agreement Act

If your agreement states that you can end your temporary rent prematurely, it means that you have a “break clause.” Your landlord is not obligated to accept that a lease is terminated prematurely. If they don`t agree, you have to pay the rent until the end of your lease – even if you leave the property. You may have to pay other bills – for example, municipal tax. The simplest type of termination is the one by which the landlord and tenant get an agreement for the evacuation of the property. To do so, the tenant must be notified at the evacuation and must have sufficient time to find a new home. The minimum time a landlord must give depends on the reason for termination. As a tenant, you have rights under the Residential Tenancies Act 2010 and the Residential Tenancies Regulation 2019. This fact sheet summarizes NSW`s law on the termination of a fixed-term lease for a limited period of time. As a general rule, a lease cannot be legally terminated before a fixed term expires, unless it has a particular reason, as shown below. A termination before the expiry of the fixed term without a legitimate reason may mean that the party terminating the contract must compensate the other party. Your lease usually expires on the last day of your fixed term or at the end of your notice if you have given the correct notification. You must also leave the property and return the keys to the owner until the end of your fixed life or notice. If the contract between the landlord and the principal tenant is terminated, the contract between the principal tenant and the tenant is also terminated.

In this case, the principal tenant must notify the landlord and subtenant as soon as possible to ensure that the tenant moves on time. The same applies to fixed-term contracts of more than 3 years, unless the lease sets a break fee in another amount. However, if you entered into your lease on or after March 23, 2020, see below. If you are unable to provide the right message, you may be able to agree with your landlord to terminate your lease prematurely. This is called “abandoning your lease.” The message you give must end on the first or last day of your rental period. You can transfer the entire lease to another person if the owner agrees in writing. The owner does not need to have good reason to agree with an old consent. This fact sheet includes terminating a fixed-term lease. If you are in a current periodic lease agreement (if the fixed term is over or is not indicated), please see fact sheet 09: you would like to leave).

If you have to break a fixed-term contract, you must notify the owner. For fixed-term contracts of 3 years or less, the break fee is: If you do not reach an agreement, the landlord/representative can ask the NSW Civil and Administrative Court that you pay a certain amount as compensation.