Co-tenancies—effect of serving family violence termination notice
46G Co-tenancies—effect of serving family violence termination notice
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.
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