A Lease Termination Notice (Tenant) -- known in Australian residential tenancy law as a Notice of Intention to Vacate -- is a formal written notice given by a tenant to their landlord or property manager stating the tenant's intention to end the tenancy and vacate the rental premises on a specified date. The notice must comply with the minimum notice periods prescribed by the Residential Tenancies Act applicable in the relevant state or territory. In New South Wales, under the Residential Tenancies Act 2010, a tenant wishing to terminate a periodic tenancy must give at least 21 days written notice. For a fixed-term tenancy, a tenant who wishes to vacate at the end of the fixed term must give at least 14 days notice before the end of the fixed term. Where a tenant vacates before the end of a fixed-term tenancy, they may be liable for break lease fees and costs as set out in the Act. In Victoria, under the Residential Tenancies Act 1997, a tenant giving notice to end a periodic tenancy must give at least 28 days notice. For a fixed-term tenancy, if the tenant intends to vacate at the end of the fixed term, they must give at least 28 days notice before that end date. In Queensland, under the Residential Tenancies and Rooming Accommodation Act 2008, a tenant ending a periodic tenancy must give at least 14 days notice. For a fixed-term tenancy ending at the expiry date, two weeks notice before the end of the term is required. In Western Australia under the Residential Tenancies Act 1987, a tenant giving notice on a periodic tenancy must provide at least 21 days notice. South Australia, Tasmania, ACT, and the Northern Territory each prescribe their own notice periods under their respective residential tenancy legislation. The notice must include the full names of the tenant and landlord, the address of the rental premises, the date of the notice, the intended vacate date, and should be delivered in a manner authorised under the relevant Act. Where applicable, the notice should also address the return of the bond, request a final inspection, and confirm the tenant's forwarding address. This template assists tenants across all Australian states and territories in preparing a compliant, professional notice of intention to vacate that meets the formal requirements of the applicable Residential Tenancies Act.
What Is a Lease Termination Notice (Tenant) (Australia)?
A Lease Termination Notice (Tenant) -- called a Notice of Intention to Vacate in most Australian states -- is a formal written notice given by a tenant to their landlord or property manager to notify them that the tenant intends to end the tenancy and vacate the rental property on a specified date. Under Australian residential tenancy law, a tenant is generally required to give a minimum period of written notice before vacating, with the exact minimum period depending on the type of tenancy (periodic or fixed-term) and the state or territory in which the property is located.
For periodic (ongoing) tenancies, the required minimum notice period is 21 days in New South Wales (Residential Tenancies Act 2010), 28 days in Victoria (Residential Tenancies Act 1997), 14 days in Queensland (Residential Tenancies and Rooming Accommodation Act 2008), and 21 days in Western Australia (Residential Tenancies Act 1987). South Australia, Tasmania, the ACT, and the Northern Territory each have their own prescribed periods under their respective Acts.
For fixed-term tenancies, different rules apply depending on whether the tenant is giving notice to vacate at the end of the fixed term or breaking the lease before the fixed term expires. For end-of-fixed-term vacates, the minimum notice period varies by state. Breaking a fixed-term lease early may attract break lease fees and the tenant may be liable for the landlord's re-letting costs and rent until a new tenant is found, subject to the landlord's obligation to mitigate loss.
A valid notice of intention to vacate must clearly state the tenant's intention to end the tenancy, identify the rental premises by full address, specify the vacate date, and be delivered to the landlord in a manner authorised under the applicable Residential Tenancies Act, such as by personal delivery, post, or email if agreed by the parties.
When Do You Need a Lease Termination Notice (Tenant) (Australia)?
A tenant needs to prepare and serve a Lease Termination Notice whenever they intend to end a residential tenancy, whether at the natural end of a fixed-term agreement or during an ongoing periodic tenancy. The notice should be given as soon as the tenant decides to vacate, taking into account the minimum notice period required under the applicable state Residential Tenancies Act, to ensure the vacate date is legally valid.
A tenant should use this notice when their fixed-term agreement is coming to an end and they do not wish to renew; when they are on a periodic (ongoing, month-to-month, or week-to-week) tenancy and wish to find alternative accommodation; when they are relocating for work, family, or personal reasons and need to give formal notice; or when they have agreed with the landlord to end the tenancy early and wish to document the notice in writing.
Tenants should also be aware that in some Australian states, a tenant who is breaking a fixed-term lease early -- vacating before the fixed-term end date -- may face financial consequences including break lease fees, advertising costs, and re-letting fees under the relevant Act. These obligations should be carefully considered before giving early termination notice. In some states, special protections exist allowing tenants to break a fixed-term lease without financial penalty in certain circumstances, such as family violence or serious breach by the landlord.
What to Include in Your Lease Termination Notice (Tenant) (Australia)
A valid Australian Lease Termination Notice (Tenant) must contain the following key elements to be effective and legally compliant under the applicable state Residential Tenancies Act.
Party identification: The full legal names of all tenants as they appear on the tenancy agreement, along with contact details including phone number and email address. The full legal name and mailing address of the landlord or property manager to whom the notice is addressed.
Premises address: The full street address of the rental premises, including unit or apartment number, suburb, state, and postcode, so there is no ambiguity about which property is the subject of the notice.
Notice date and vacate date: The date on which the notice is given and the date on which the tenant intends to vacate and return possession of the premises. The vacate date must be at least the minimum notice period after the date the notice is served on the landlord. For periodic tenancies, minimum periods are 21 days (NSW), 28 days (VIC), and 14 days (QLD).
Tenancy type: Whether the notice relates to a fixed-term or periodic tenancy, and the date on which the tenancy commenced. If the fixed term is ending, the end date should be included.
Bond details: The amount of the security bond lodged with the relevant state bond authority, the bond lodgement reference number, and a request for refund following final inspection. The tenant's forwarding address for bond refund should be included.
Final inspection request: A request for the landlord to conduct a final inspection of the premises before or around the vacate date, with the tenant's preferred inspection date.
Condition undertaking: A statement confirming the tenant's intention to return the premises in a clean and undamaged condition, consistent with the incoming condition report and allowing for fair wear and tear.