Month-to-Month Lease Agreement (Australia)
This Month-to-Month / Periodic Tenancy Agreement (the "Agreement") is made on [Agreement Date] in accordance with the residential tenancy legislation of [State/Territory], Australia.
1. PARTIES
1.1 Landlord: [Landlord Name], of [Landlord Address], phone [Landlord Phone], email [Landlord Email] (the "Landlord").
1.2 Tenant: [Tenant Name(s)], phone [Tenant Phone], email [Tenant Email] (the "Tenant"). Where there is more than one tenant, each tenant is jointly and severally liable for all obligations under this Agreement.
2. PREMISES
2.1 The Landlord agrees to rent to the Tenant the residential premises located at: [Premises Address] (the "Premises").
2.2 Description of premises and inclusions: [Premises Description].
2.3 The Tenant is entitled to quiet enjoyment of the Premises for the duration of this Agreement. The Landlord must not interfere with the reasonable peace, comfort, or privacy of the Tenant.
3. TERM AND NATURE OF TENANCY
3.1 This is a periodic ([Periodic Frequency]) tenancy. There is no fixed end date. The tenancy commences on [Commencement Date] and continues until terminated by either party in accordance with the applicable Residential Tenancies Act.
3.2 The tenancy may be terminated by either party giving written notice in accordance with clause 8 of this Agreement.
3.3 A periodic tenancy does not entitle either party to more security of tenure than that provided by the applicable Residential Tenancies Act. However, the Tenant's right to quiet enjoyment and the Landlord's obligations as to maintenance continue for the full duration of the tenancy.
4. RENT
4.1 The Tenant must pay rent of AUD $[Weekly Rent] per week, due [Rent Frequency] on [Rent Due Day].
4.2 Rent must be paid by [Payment Method] to the Landlord or as otherwise directed in writing.
4.3 The Landlord must provide a rent receipt or written acknowledgement of payment upon request, as required by the applicable Residential Tenancies Act.
4.4 Rent increases: The Landlord must give the Tenant at least [Rent Increase Notice] written notice before increasing the rent, and must not increase the rent more frequently than permitted by the applicable Residential Tenancies Act (generally no more than once every 12 months).
5. BOND
5.1 The Tenant has paid a bond of AUD $[Bond Amount] (not exceeding four weeks' rent) as security for the performance of the Tenant's obligations.
5.2 The bond will be lodged with [Bond Authority] within the period required by the applicable Residential Tenancies Act. The bond is held on trust and may only be released in accordance with the Act.
5.3 At the end of the tenancy, the bond will be refunded in full unless the Landlord makes a lawful claim for unpaid rent, damage beyond fair wear and tear, or other amounts owed under this Agreement.
6. UTILITIES AND SERVICES
6.1 The Tenant is responsible for the following utilities: [Tenant Utilities].
6.2 The Landlord is responsible for: [Landlord Utilities].
6.3 Water usage charges are payable by the Tenant only where the Premises are separately metered and the Landlord has installed prescribed water efficiency measures.
7. PETS
7.1 Pets at the Premises: [Pets Policy].
7.2 In Queensland, the Landlord may only refuse a written pet request on grounds permitted by the Residential Tenancies and Rooming Accommodation Act 2008. In Victoria, unreasonable refusal of a pet request may be challenged at VCAT.
8. NOTICE TO TERMINATE
8.1 The Tenant must give at least [Tenant Notice Period] written notice to the Landlord to end this periodic tenancy. Notice must be given in accordance with the applicable Residential Tenancies Act.
8.2 The Landlord must give at least [Landlord Notice Period] written notice to the Tenant to terminate this periodic tenancy without grounds, or shorter notice where permitted by the applicable Act for grounds-based termination (e.g. non-payment of rent, damage, or serious breach).
8.3 All notices must be in writing and served in a manner permitted by the applicable Residential Tenancies Act (e.g. by post, email where consented to, or personal service).
8.4 At the end of the tenancy, the Tenant must return the Premises in the same condition as at commencement, fair wear and tear excepted, and return all keys and access devices to the Landlord.
9. TENANT OBLIGATIONS
9.1 The Tenant must keep the Premises in a reasonably clean condition and must not intentionally or negligently damage the Premises or common areas.
9.2 The Tenant must promptly notify the Landlord of any damage or need for repair.
9.3 The Tenant must not use the Premises for any unlawful purpose or cause a nuisance to neighbours.
9.4 The Tenant must not sublet the Premises or assign the tenancy without the prior written consent of the Landlord.
9.5 The Tenant must not make alterations to the Premises without the Landlord's prior written consent.
10. LANDLORD OBLIGATIONS
10.1 The Landlord must maintain the Premises in a reasonable state of repair, having regard to the age, character, and prospective life of the Premises, and must comply with all relevant building, health, and safety legislation.
10.2 The Landlord may only enter the Premises after giving the Tenant the notice required by the applicable Residential Tenancies Act (generally 24 to 48 hours' written notice for routine inspections) and only for purposes permitted by the Act.
10.3 The Landlord must lodge the bond with the relevant authority and must not harass, intimidate, or otherwise interfere with the Tenant's quiet enjoyment.
11. DISPUTE RESOLUTION
11.1 The parties must attempt to resolve any dispute by direct communication in the first instance.
11.2 If the dispute cannot be resolved, either party may apply to the relevant state tribunal (NCAT in NSW, VCAT in VIC, QCAT in QLD, SAT in WA, TASCAT in TAS) for an order under the applicable Residential Tenancies Act.
11.3 This Agreement is governed by the law of [State/Territory], Australia.
EXECUTION
Each party acknowledges having read and understood this Agreement and, where applicable, received the relevant state information statement.
LANDLORD
Name: [Landlord Name]
Address: [Landlord Address]
TENANT
Name: [Tenant Name(s)]
Landlord
________________
Signature
Date: ________________
Tenant
________________
Signature
Date: ________________
What Is a Month-to-Month Lease Agreement (Australia)?
A Month-to-Month Lease Agreement in Australia grants a tenant the right to occupy residential premises and records the rent, bond, term, and the repair and notice obligations of landlord and tenant under the Real Property Act 1900 (NSW).
In Australia, residential tenancies are regulated by state and territory legislation, and periodic tenancies are expressly recognised and governed under each state's Residential Tenancies Act. The primary legislation includes the Residential Tenancies Act 2010 (NSW), the Residential Tenancies Act 1997 (VIC), the Residential Tenancies and Rooming Accommodation Act 2008 (QLD), the Residential Tenancies Act 1987 (WA), the Residential Tenancies Act 1995 (SA), the Residential Tenancy Act 1997 (TAS), the Residential Tenancies Act 1997 (ACT), and the Residential Tenancies Act 1999 (NT).
A periodic tenancy differs from a fixed-term tenancy in that neither party is committed to occupancy for a defined period. This flexibility is useful in a number of situations — for example, where a tenant's circumstances are uncertain, where a landlord is considering selling the property, or where the parties have recently concluded a fixed-term agreement and wish to continue on more flexible terms.
Despite the absence of a fixed term, all the substantive obligations of both landlord and tenant continue for the entire duration of the periodic tenancy. The landlord must maintain the premises in a reasonable state of repair, respect the tenant's right to quiet enjoyment, and comply with all applicable tenancy legislation. The tenant must pay rent on time, keep the premises reasonably clean, and not cause damage or nuisance.
Importantly, the rules governing notice periods, rent increases, bond lodgement, and entry to the premises are exactly the same for periodic tenancies as for fixed-term tenancies. In some states, the minimum notice period for a landlord to terminate a periodic tenancy without grounds is significantly longer than many people expect — 90 days in New South Wales and 60 days in Victoria.
The Australia Month-to-Month Lease Agreement (Australia) template enables landlords and tenants to document all essential terms of a periodic tenancy in writing, providing legal clarity and evidence of what has been agreed, including the commencement date, rent amount and payment frequency, bond amount, utilities responsibility, pet policy, and the applicable notice periods.
The legal framework governing the Month-to-Month Lease Agreement (Australia) in Australia draws on several key statutes and regulatory bodies. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Section 52 of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) prohibits misleading conduct in property transactions. The Foreign Acquisitions and Takeovers Act 1975 (Cth) requires FIRB approval for foreign purchasers. Parties executing a Month-to-Month Lease Agreement (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Real Property Act 1900 (NSW) sets the foundational requirements.
When Do You Need a Month-to-Month Lease Agreement (Australia)?
A Month-to-Month Lease Agreement is appropriate in a range of residential tenancy situations across Australia. It is most commonly used when a fixed-term agreement expires and the parties wish to continue the tenancy on a more flexible basis without committing to another fixed period. It is also used at the outset of a new tenancy where either or both parties prefer not to be locked into a fixed term.
Common situations in which a periodic tenancy agreement is appropriate include: a tenant who has just moved to a new city and is not yet sure of their long-term plans; a landlord who is considering selling the property within the next year; a situation where the original fixed-term agreement has expired naturally and the parties are happy with the arrangement but do not want a new fixed term; or where a tenant's employment or study situation means their future housing needs are uncertain.
A periodic tenancy is also the default arrangement that arises automatically under Australian residential tenancy legislation when a fixed-term tenancy expires and neither party gives notice or enters into a new fixed-term agreement. In this situation, having a written periodic tenancy agreement is particularly valuable, because it confirms the ongoing terms that were agreed and provides a clear record of each party's obligations.
The Australia Month-to-Month Lease Agreement (Australia) document is suitable for all types of residential premises across Australian states and territories, including houses, apartments, units, townhouses, and flats. It is intended for use between a private landlord and a residential tenant. It is not suitable for rooming house arrangements (for which the Residential Tenancies and Rooming Accommodation Act 2008 in Queensland, or separate rooming house provisions in Victoria, apply), or for holiday lettings that fall outside the scope of the applicable Residential Tenancies Act.
Landlords should note that in all Australian states, a written tenancy agreement must be given to the tenant before or at the commencement of the tenancy, and many states require the landlord to also provide an approved information statement about tenant rights.
What to Include in Your Month-to-Month Lease Agreement (Australia)
A well-drafted Month-to-Month Lease Agreement should clearly document all the essential terms of the periodic tenancy and comply with the applicable state Residential Tenancies Act.
The parties and premises section identifies the landlord and all tenants by their full legal names, records contact details and addresses for service of notices, and provides the full address of the rental premises including any included areas such as parking spaces, storage cages, or garden areas.
The term and periodic frequency section confirms that there is no fixed end date and specifies whether the tenancy rolls week to week, fortnight to fortnight, or month to month. This is typically aligned with the rent payment frequency. The commencement date must be recorded accurately, as it is the reference point for calculating notice periods and any future periodic rent increases.
The rent section records the weekly rent amount in Australian dollars, the payment frequency, the due date, the acceptable payment methods, and the procedure for rent increases. Under all state residential tenancy acts, rent may not be increased more than once every 12 months, and the landlord must give the required written notice (generally 60 days in NSW and VIC) before any increase takes effect.
The bond section records the bond amount and the state authority with which it must be lodged. In most states, the maximum bond is four weeks' rent, and the landlord must lodge the bond within the prescribed period (typically 10 business days from collection in NSW, five days in VIC).
The notice period section is particularly important for periodic tenancies. The agreement should clearly state the minimum notice each party must give to end the tenancy — both the tenant's notice to vacate and the landlord's notice to terminate. These periods are prescribed by statute and cannot be reduced by agreement.
The utilities section clarifies which party is responsible for electricity, gas, internet, and water usage charges. Water supply and sewerage charges are generally the landlord's responsibility unless the premises are separately metered and prescribed water efficiency measures have been installed.
A pets clause is increasingly important given the legislative changes in Queensland (2022) and Victoria (2020) that restrict a landlord's ability to unreasonably refuse a tenant's pet request. The agreement should clearly state the agreed pet policy.
Any additional terms agreed between the parties should be recorded in writing and must not be inconsistent with the applicable Residential Tenancies Act — any term that contravenes the Act is void to the extent of the inconsistency.
Additional compliance elements for a Month-to-Month Lease Agreement (Australia) used in Australia include: Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Section 52 of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) prohibits misleading conduct in property transactions. The Foreign Acquisitions and Takeovers Act 1975 (Cth) requires FIRB approval for foreign purchasers. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Month-to-Month Lease Agreement (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/real-estate/leases/month-to-month-lease-agreement-australia
"Month-to-Month Lease Agreement (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/real-estate/leases/month-to-month-lease-agreement-australia.
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title = {Month-to-Month Lease Agreement (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/real-estate/leases/month-to-month-lease-agreement-australia}},
note = {Free legal document template. Based on Real Property Act 1900 (NSW)}
}Also available for these jurisdictions:
Frequently Asked Questions
A periodic tenancy (also called a rolling or month-to-month tenancy) is a residential tenancy that has no fixed end date. Rather than expiring on a set date, it continues from period to period — week to week, fortnight to fortnight, or month to month — until either the landlord or tenant gives the required written notice to terminate. In Australia, periodic tenancies arise in two main ways: a fixed-term tenancy that expires and rolls over without a new fixed term being agreed, or a new agreement entered into as periodic from the outset. The applicable Residential Tenancies Act in each state governs the minimum notice periods, rent increase rules, and grounds for termination. Under section 84 of the NSW Residential Tenancies Act 2010, a tenant in a periodic tenancy must give at least 21 days' written notice to vacate. A landlord wishing to terminate a periodic tenancy without grounds must give 90 days' notice in NSW and 60 days' notice in Victoria under the Residential Tenancies Act 1997.
The required notice period varies significantly by state. In New South Wales, under the Residential Tenancies Act 2010 (as amended in 2021), a landlord must give at least 90 days' written notice to terminate a periodic tenancy without specifying grounds. In Victoria, a landlord must give at least 60 days' notice for a no-grounds termination under the Residential Tenancies Act 1997. In Queensland, the notice period is two months for a no-grounds termination of a periodic tenancy under the Residential Tenancies and Rooming Accommodation Act 2008. In Western Australia, under the Residential Tenancies Act 1987, 60 days' notice is required. These minimum periods cannot be waived or contracted out of. Shorter notice periods apply where the landlord is terminating for cause, such as non-payment of rent or serious breach of the agreement.
Yes, a landlord can increase rent during a periodic tenancy, but strict procedural requirements apply under each state's residential tenancy legislation. In New South Wales, the landlord must give at least 60 days' written notice before a rent increase under the Residential Tenancies Act 2010, and rent may not be increased more than once in any 12-month period. The same frequency limit applies in Victoria and Queensland. The notice must specify the new rent amount and the date from which it applies. In some states, tenants can challenge a rent increase that is excessive by applying to the relevant tribunal — for example, NCAT in NSW or VCAT in Victoria. Since 2023, several states have introduced measures limiting rent increase frequency to once per year across all tenancy types, including periodic tenancies.
Yes. A landlord may require a bond (security deposit) from a tenant entering into a periodic tenancy. In most Australian states, the maximum bond is four weeks' rent, although Western Australia allows up to four weeks' rent for properties renting below $1,200 per week and up to six weeks' rent for higher-priced properties under the Residential Tenancies Act 1987. The bond must be lodged with the relevant state authority within the period prescribed by law — typically within 10 business days of collection in New South Wales (lodged with NSW Fair Trading), five business days in Victoria (Residential Tenancies Bond Authority, or RTBA), and ten days in Queensland (Residential Tenancies Authority, or RTA). The landlord cannot retain the bond at the end of the tenancy without making a formal claim — any disputed amount must be resolved through the relevant tribunal.
If a fixed-term residential tenancy expires and neither the landlord nor the tenant takes any action to end the agreement or enter into a new fixed-term lease, the tenancy automatically becomes a periodic (month-to-month or week-to-week) tenancy under the applicable state legislation. This transition happens by operation of law — for example, under section 32 of the NSW Residential Tenancies Act 2010 and section 41 of the VIC Residential Tenancies Act 1997. All the terms of the original agreement continue to apply to the periodic tenancy (including the rent amount, utility allocation, and any special conditions), except for those that are inconsistent with a periodic arrangement. Either party can then terminate the periodic tenancy by giving the minimum written notice required by the applicable Act.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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