Early exit notice form

Section 110B of the Residential Tenancies Act 2010 lets a tenant under a fixed term agreement who has been given a termination notice by the landlord leave before the termination date in that notice. The tenant does this by giving an early exit notice that says they will give vacant possession before the termination date and specifies a tenancy end date at least 14 days after the notice is given. The notice cannot be given earlier than 60 days before the end of a fixed term of 6 months or less, or 90 days before the end of a longer fixed term. No rent is payable for the period after both the tenancy end date has passed and vacant possession has been given (s 110B(3)), and Fair Trading says no break fee applies. NSW Fair Trading publishes this template, dated 19 May 2025.

When you need it

• You are a tenant under a fixed term agreement and your landlord or agent has given you a termination notice.
• You want to move out before the termination date in that notice and avoid a break fee.
• You are within the last 60 days (fixed term of 6 months or less) or the last 90 days (fixed term over 6 months) of the agreement.
• Not available if the landlord's notice was given for a breach of the agreement (s 87C), or because the premises were destroyed, became uninhabitable or unusable as a residence, or were compulsorily acquired (s 109).

1. 1

   Landlord and premises

   Write the landlord's or agent's name and the address and postcode of the premises, in black pen and block letters.

2. 2

   Landlord's termination date

   Insert the termination date stated in the landlord's termination notice.

3. 3

   Your vacating date

   Insert the date you will give vacant possession. It must be at least 14 days after the day you give this notice; the period starts the day after it is given and includes weekends and public holidays.

4. 4

   Acknowledgements

   The notice records that it can only be given in the last 60 or 90 days of the agreement, and that you pay rent until you have given vacant possession and the date in this notice has been reached.

5. 5

   Service, signature and date

   Tick how you will give the notice, sign it, and write the date it was delivered, posted or emailed.

• The notice is not lodged with Fair Trading. Give it to the landlord or agent by a method allowed under section 223: in person, by post (the form says to allow an extra 7 business days), in their mailbox in an addressed envelope, to a person apparently 16 or over at their residential or business address, or by email to an address they have specified for service of notices.
• Keep a copy and a record of how and when you gave it.
• Move out fully by the date in your notice. Rent is payable until that date even if you leave earlier, and the date does not have to line up with your rent payment periods.

• Count the 14 days from the day after service, and add the extra 7 business days if you post it.
• If you are not within the 60 or 90 day window, or the landlord's notice was for breach, you cannot use this notice. Other early-ending rights, such as the 14-day grounds in s 100 of the Act, may apply.
• For help, contact NSW Fair Trading on 13 32 20, LawAccess NSW on 1300 888 529, or your local Tenants Advice and Advocacy Service.