Ending A Lease

How to End Your Lease

If you wish to end your lease the conditions that regulate what you must do will be determined by the type of lease you have.

They will depend upon whether you originally entered into a lease before or after the 1st March 2014 and whether the lease was for a Fixed Term or Periodic.

There are no differences in the conditions of a Fixed Term or Periodic lease except regarding the conditions for termination.

A Fixed Term lease is normally signed for 6 or 12 months.   You can’t be evicted unless the conditions of the lease are broken such as by non-payment of rent, damage to the property or something similar.

So if you wish to give notice to vacate then consider the following options;

 

Original Lease commenced BEFORE 1st March 2014

 

Fixed term lease:

No specific notice is required to vacate.   The lease only goes for the fixed period and then you have to be out on the last day of the lease with the house cleaned up and keys ready to hand over without any prior notification.

If this is not done then the Agent/Landlord could sue you for damages.

Once having given notice to vacate you are required to allow the Agent/Landlord to start showing the property to prospective tenants at least 28 days before.

 

Periodic Lease:

A tenant is required to give the Agent/Landlord as least 21 days written notice to vacate (or a period equivalent to the normal single rent payment cycle e.g. 1 calendar month whichever is the greater.)

Alternatively the Agent/Landlord is required to give the tenant at least 60 days written notice to vacate where the Landlord or his family are moving in or if the property is to be sold, demolished or substantially renovated.   Where no reason is stated the notice period is 90 days.

 

Original Lease commenced AFTER 1st March 2014

The Residential Tenancies (Miscellaneous) Amendment Act 2013 and the Residential Tenancies Variation Regulations 2014 took effect on 1st March 2014.

Go to www.legislation.sa.gov.au to view the new Act and Regulations with the amendments incorporated therin.

 

Fixed term lease:

If either the Tenant or the Agent/Landlord wish the property be vacated then either party must send written notice to the other at least 28 days before the end of the lease.   If no notice is received then the lease will automatically continue as Periodic.

 

Periodic Lease:

If neither the Tenant nor the Agent/Landlord give at least 28 days notice to the other party to end the Fixed Term lease or vacate then the lease will continue as a Periodic lease.

A tenant is required to give the Agent/Landlord as least 21 days written notice to vacate (or a period equivalent to the normal single rent payment cycle e.g. 1 calendar month whichever is the greater.)

Alternatively the Agent/Landlord is required to give the tenant at least 60 days written notice to vacate where the Landlord or his family are moving in or if the property is to be sold, demolished or substantially renovated.   Where no reason is stated the notice period is 90 days.

 

If you wish to End your Lease we recommend that you contact your Property Manager immediately by using  the contact form below and someone from our office will be in touch.

 
   
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