Notice to terminate tenancy agreement by tenant

A tenant usually ends a NSW residential tenancy by giving the landlord a termination notice. Under s 82 of the Residential Tenancies Act 2010 the notice must be in writing, be signed by the tenant or their agent, and state the premises, the day the agreement ends and vacant possession is given, and the ground for the notice (no ground is needed when ending a periodic agreement or ending a fixed term at its end). NSW Fair Trading publishes this template so tenants can tick the right ground. Tenants can also write their own notice, as long as it contains the required details. The minimum notice period depends on the ground used.

When you need it

• Ending a periodic (no end date) tenancy for any reason, with at least 21 days' notice (s 97).
• Ending a fixed term agreement at the end of the term, with at least 14 days' notice and a termination date on or after the end of the term (s 96).
• Ending early because the landlord breached the agreement (14 days, s 98), or for a ground in s 100 such as accepting social housing or an aged care place (14 days, no compensation payable).
• A co-tenant leaving their own tenancy after the fixed term has ended or under a periodic agreement (21 days, s 101).
• If you are leaving because of domestic abuse, use the separate domestic violence termination notice instead of this form.

1. 1

   Landlord and premises

   Write the landlord's name or names and the full address of the rented premises, including postcode, in block letters.

2. 2

   Termination date

   Insert the date you will move out and give vacant possession. Count the notice period in calendar days, including weekends and public holidays, starting the day after the notice is given. Add 7 working days if you post it.

3. 3

   Tick one ground

   Choose the ground that applies: end of fixed term (s 96), periodic tenancy (s 97), landlord breach (s 98), non-disclosure of required information (s 98A), rent increase during a fixed term of 2 years or more (s 99), a ground in s 100, co-tenant leaving (s 101), death of a co-tenant (s 78), premises uninhabitable or acquired (s 109), or breaking the lease (break fee applies). The form shows the minimum notice for each.

4. 4

   Method of service

   Tick how you are giving the notice: in person, by post, in the landlord or agent's letterbox in an addressed envelope, to a person over 16 at the agent's office, or by email to an address the landlord or agent has expressly agreed to use for notices (s 223).

5. 5

   Sign and date

   Sign the notice, write the date it was delivered, posted or emailed, and add your name and phone number. A notice that is not signed does not meet s 82(2).

• The notice is not lodged with Fair Trading or a tribunal. Give it to the landlord or their agent by one of the methods in s 223. Where there is more than one landlord, serving one of them is enough (s 223(3)).
• Keep a copy and proof of how and when you gave it. Fair Trading says you only need to show the notice was properly served, not that it was received.
• You may move out before the termination date, but rent is payable until the termination date (s 110).
• The notice can be withdrawn at any time with the consent of the other parties (s 112).

• Under a fixed term agreement, most grounds cannot end the tenancy before the end of the term. Only grounds such as landlord breach (s 98) and the s 100 grounds allow an earlier date (ss 98(3), 100(3)).
• Breaking a fixed term of up to 3 years without a ground usually means paying a break fee of 4, 3, 2 or 1 weeks' rent, depending on how much of the term had passed (s 107(4)).
• If a defect in the notice or its service does not disadvantage the landlord, the NSW Civil and Administrative Tribunal can still make orders (s 113), but getting the date and ground right avoids a dispute.