Vacating or Breaking Lease

There are a number of ways in which a vacancy may come to an end. In every case, one or both parties must give notice in writing. This includes the expiration of a fixed term tenancy agreement.

Steps for vacating a property before the expiration date of a tenancy agreement as a tenant:

 1. Immediately inform the managing agent of the need to break the lease in writing. Please also ask the agent to find an acceptable replacement tenant to whom the lease can be assigned or executed.
 2. Continue to pay rent in accordance with the lease until the next tenant commences their leasing agreement. Also agree to pay the difference or shortfall of rental is the property is re-let at a lower rate.
 3. Pay the agent a re-letting fee, equivalent to two-weeks rent plus GST.
 4. Pay all advertising costs that are incurred by the landlord in finding a replacement tenant.
 5. Pay all National Tenancy Database costs.
 6. Download and complete the Breaking Lease Written Notice form HERE. Once complete, please return to our office by fax, mail or in person.
 7. Vacate the property as it was acquired; clean and undamaged.

Steps for vacating a property at the expiry date of a tenancy agreement as a tenant:

 1. Give the landlord and agent written notice of the tenant’s intention to vacate at least 28 days prior to the expiration date on the agreement.

If the Tenant remains in occupation of the property after the expiration date of the agreement without entering into a new fixed term agreement, the Tenant must give notice of their intention to vacate specifying the termination date, assuming it is not before the 28 day notice period ends.

 2. Download and complete the Vacating Written Notice form HERE.

Giving notice of termination as a landlord:
A landlord may give a tenant notice to vacate in certain circumstances. The period of notice can be anything from immediate notice up to 120 days, depending on the reason.

Special circumstances or conditions may be required before a tenant is given notice to vacate. Some of the common reasons and the appropriate notice period include:

· Premises unfit for habitation – immediate notice
· Malicious damage – immediate notice
· Unpaid rent – 14 days notice
· Unpaid bond – 14 days notice
· Other tenants residing without consent – 14 days notice
· Reconstruction or demolition – 60 days notice
· Landlord or family wishing to move into the property – 60 days notice
· End of a fixed term tenancy without renewal – 90 days notice
· No specific reason – 120 days notice

The above list is not comprehensive but rather acts as a helpful guide. There may be other reasons for giving notice as specified in the Residential Tenancy Act. These may come with certain conditions that apply.

The “Renting a Home Guide” given to you as a Tenant at the start of your tenancy has a more comprehensive list.

Note: neither a landlord nor a Tenant can give notice to end a fixed term tenancy agreement prior to the expiration date unless there are exceptional circumstances.