How Much Notice Does A Landlord Need To Give A Tenant To Move Out?

As a landlord or tenant in Australia, understanding the notice periods required for ending a tenancy is essential. Factors such as the type of tenancy agreement and individual circumstances can affect these periods. So, how much notice does a landlord need to give a tenant to move out?

Whether you’re trying to understand Victoria tenancy laws or tenants’ rights in NSW, the information is important regardless of which state you’re in. Let’s explore the notice periods required in different situations to provide clarity and guidance for both landlords and tenants.

Notice periods for fixed-term agreements

Like tenants, landlords have responsibilities that need to be respected. For instance, the rental agreement.

A fixed-term agreement, also known as a lease, has a set termination date. This type of tenancy agreement requires both parties to adhere to specific notice periods.

General rules for a fixed-term tenancy

1. Termination date: The tenancy ends on the termination date specified in the agreement. No notice is required unless stated in the contract.
2. Written notice: If the agreement requires notice, landlords must give a written termination notice with a specified minimum notice period. This period can vary between states but is typically around 14 to 30 days.
3. Minimum notice periods: The Residential Tenancies Act outlines the minimum notice periods for each state. It’s essential to refer to the legislation relevant to your state.

Ending a fixed-term agreement early

Occasionally, a landlord or tenant may need to terminate the fixed-term agreement before its end date. Perhaps the landlord is selling the house or wants to move back in. So, here’s what landlords need to know when evicting a tenant:

1. Break fee: Tenants may need to pay a break fee, which is a percentage of the remaining rent, for ending the lease early.
2. Suffer undue hardship: If a tenant can prove that continuing the tenancy would cause significant hardship, they may request early termination without incurring a break fee.
3. Compulsory process: In cases where the property is being compulsorily acquired, the tenant may terminate the agreement early without penalty.

On the other hand, if you’re not ending a fixed term early, landlords still need to give notice to tenants if they’re not renewing the lease.

Notice periods for periodic tenancies

Periodic tenancies are agreements without a fixed end date, which continue on a week-to-week or month-to-month basis.

Standard notice period for a periodic tenancy

1. Termination notice: The landlord must provide a written termination notice to the tenant.
2. Rent payment cycle: The notice period depends on the rent payment cycle and the state’s legislation. Generally, it ranges from two to four weeks.
3. Termination date listed: The termination notice must specify the termination date, which cannot be earlier than the required minimum notice period.

Special circumstances for a periodic tenancy

Certain circumstances may allow for shorter notice periods or immediate termination of a periodic tenancy.

1. Non-payment of rent: If the tenant fails to pay rent, the landlord can issue a termination notice with a shorter notice period.
2. Serious damage or illegal purposes: The landlord can issue an immediate termination notice if the tenant causes severe damage to the property or uses it for illegal purposes.
3. Domestic violence termination notice: A tenant experiencing domestic violence can issue a termination notice with a shorter notice period, typically two to seven days, depending on the state.

Notice periods for social housing tenancies

Social housing tenancies are subject to different rules and regulations compared to private rentals.

General notice periods for social housing

1. Rent arrears: Landlords must provide a termination notice with a specific notice period if the tenant falls behind in rent payments.
2. Breach of agreement: If a tenant breaches the agreement, the landlord can issue a termination notice with a notice period set by the state’s legislation.
3. Termination order: In some cases, a landlord may apply for a termination order from the administrative tribunal.

Immediate notice for specific situations

1. Serious damage or injury: A landlord can issue an immediate termination notice if the tenant causes significant damage to the property, injury to others, or uses the property for illegal activities.
2. Illegal use of rental property: If the tenant uses the property for unlawful purposes, the landlord can issue an immediate termination notice.
3. Administrative tribunal decision: If the administrative tribunal finds that the tenant has seriously breached the agreement or caused undue hardship to the landlord, it may issue a termination order without notice.

Frequently asked questions

Can a landlord ask a tenant to move out without a valid reason?

A landlord must provide a valid reason for ending a tenancy, as stated in the residential tenancy agreement or by the governing laws. For instance, if it’s a notice to vacate due to sale of property, the landlord can ask the tenant to leave through a notice of intent to sell according to the local state laws.

Can a tenant dispute a termination notice?

A tenant can apply to the administrative tribunal to dispute a termination notice if they believe it is not valid or fair.

What happens if a tenant refuses to leave after receiving notice?

If a tenant refuses to leave after receiving notice, the landlord can apply for a possession order from the administrative tribunal. If the tenant still does not leave, the landlord can request a sheriff’s officer to enforce the order.