Ending your rental tenancy agreement
THERE are a number of reasons why a tenancy ends, other than a disagreement. You may be intending to buy your own property, or move in with a friend. Or, in some instances, the landlord or property manager may want to sell the property.
3 main ways to end a tenancy
- All the parties agree to end the tenancy
- Your landlord or property manager gives you a valid ‘Notice to Vacate’
- You give valid notice to your landlord or property manager that you intend to vacate
If both you and the landlord / property manager agree in writing that the tenancy agreement will be ended and agree on a date, then none of the formal procedures (such as issuing notices) need apply.
There are rare occasions where the landlord, property manager or tenant applies to the state Magistrate’s Court for the rental agreement to be ended on the grounds that, if it continues, they would suffer ‘undue hardship’.
Regardless of whether you are in a periodic or fixed-term tenancy, you must give your landlord / property manager a forwarding address at the end of your tenancy.
A termination notice is an important document and you should generally only mail this document or hand it over in person.
This written notice should include any agreed costs, terms and conditions, and the date the tenancy is to end. If you have a fixed-term agreement, but need to end your lease early, you should give written notice as soon as possible that you are leaving, because breaking a tenancy agreement may require you to pay compensation to your landlord / property manager.