Residential Tenancies Act 1997

This section applies if a co-tenant stops being a party to a residential tenancy agreement in accordance with section 46D.

On the vacating day stated in the family violence termination notice—

the co-tenant stops being a party to the agreement; and

the co-tenant’s rights and obligations under the agreement end.

The residential tenancy agreement continues in force between the lessor and the remaining co-tenants on the same terms that existed on the vacating day (the continuing agreement).

Any of the remaining co-tenants may terminate the continuing agreement for all remaining co-tenants by giving the lessor a notice of intention to vacate—

at least 3 weeks before the day they intend to vacate the premises; and

if the agreement is a fixed term agreement—not later than 4 weeks after the day the notice of continuing tenancy is given to the co‑tenants.

The break lease fee clause does not apply if a fixed term agreement is terminated under this section.