Residential Tenancies Act 1997

This section applies if premises that are the subject of a residential tenancy agreement are affected residential premises.

Note Affected residential premises—see the dictionary.

A party to the residential tenancy agreement may, by written notice to the other party, terminate the agreement.

If the tenant terminates the agreement, the tenant must—

state the date the tenant intends to terminate the agreement; and

give the lessor at least 2 days notice.

If the lessor terminates the agreement, the lessor must—

state the date the lessor intends to terminate the agreement; and

give the tenant at least 1 week’s notice.

If the tenant vacates the premises on or before the date stated in the notice, the agreement ends on the date stated in the notice.

However—

if the tenant gives notice and does not vacate the premises on or before the date stated in the notice—

the notice is taken to be withdrawn; and

the agreement continues; or

if the lessor gives notice and the tenant does not vacate the premises on or before the date stated in the notice—

the notice remains in force; and

the lessor may apply to the ACAT under section 55A for a termination and possession order in relation to the premises.

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