Lease Termination Notice (Tenant) (Australia)

Create an Australian Tenancy Termination Notice for landlords or tenants. Covers no-grounds termination, breach, sale of property, and other statutory grounds. Correct notice periods for all states under residential tenancy legislation.

An Eviction Notice — formally known as a Termination Notice — is a written notice issued by a landlord to a residential tenant requiring the tenant to vacate the rental premises by a specified date. In Australia, the right to issue such a notice, and the procedural requirements that must be satisfied for the notice to be legally valid, are governed by the residential tenancy legislation of each state and territory. Landlords who fail to comply with the prescribed notice periods, grounds, and service requirements risk having the notice declared invalid by the relevant tribunal. In New South Wales, the Residential Tenancies Act 2010 is the primary legislation. For a periodic tenancy, a landlord may issue a without-cause termination notice (sometimes called a no-grounds eviction notice) with at least 90 days' notice. For non-payment of rent, the required notice is 14 days. For a serious breach of the agreement — such as damage to the property, use of the premises for an illegal purpose, or endangering the safety of neighbours — shorter notice periods apply. At the end of a fixed-term agreement, if the landlord does not wish to offer a new tenancy, a minimum of 30 days' notice is required before the expiry date. In Victoria, under the Residential Tenancies Act 1997 (as amended by the Residential Tenancies Amendment Act 2018), a landlord terminating a periodic tenancy without cause must give at least 60 days' notice. For non-payment of rent, a 14-day notice applies. The Victorian Act specifies additional grounds for termination including sale requiring vacant possession (60 days), significant renovation or demolition (60 days), and the landlord's need to use the property for accommodation (60 days). Importantly, the Victorian Act also prohibits retaliatory evictions — a notice issued in response to a tenant exercising their rights under the Act may be challenged. In Queensland, under the Residential Tenancies and Rooming Accommodation Act 2008, a landlord may terminate a periodic tenancy without grounds with two calendar months' notice. For non-payment of rent, the notice period is seven days in Queensland. For a fixed-term agreement, a landlord must give two months' notice before the end date if they do not intend to offer a further tenancy. Grounds such as landlord's need to occupy, sale requiring vacant possession, and significant repair or renovation require two months' notice. In Western Australia under the Residential Tenancies Act 1987, the notice period for a without-cause termination of a periodic tenancy is 60 days. For rent arrears, a seven-day breach notice must first be issued; if the breach is not remedied, a further 60-day termination notice applies in most circumstances. In South Australia under the Residential Tenancies Act 1995, similar provisions apply with 90 days' notice required for most without-cause periodic tenancy terminations. In the Australian Capital Territory and Northern Territory, comparable legislation prescribes the grounds and notice periods applicable in those jurisdictions. For a termination notice to be legally valid, it must generally be in writing, identify the premises with sufficient specificity, state the ground for termination (where one is required), specify the date by which the tenant must vacate, and be served by a method authorised by the applicable Act — typically personal delivery, registered post, or email where the tenant has consented to electronic service. If the tenant does not vacate by the date specified in a valid termination notice, the landlord cannot use self-help remedies such as changing the locks or removing the tenant's belongings. These actions are unlawful in every Australian jurisdiction and can expose the landlord to significant penalties. The landlord must apply to the relevant state tribunal for an order for possession — NCAT in NSW, VCAT in Victoria, QCAT in Queensland, SAT in Western Australia, or SACAT in South Australia. This template assists landlords in preparing a properly documented termination notice that sets out the ground, the applicable notice period, bond information, and the tenant's obligations on vacating. It should be adapted to reflect the specific requirements of the state or territory in which the property is located and reviewed against current legislation before being issued.

A Late Rent Notice — formally known in Australian residential tenancy law as a Breach Notice or Notice to Remedy Breach — is a written notice issued by a landlord to a tenant when rent has not been paid by the due date or has fallen into arrears. The notice formally documents the breach, states the total amount of rent outstanding, and gives the tenant a prescribed number of days to pay the arrears before further action is taken. Issuing a properly drafted breach notice for non-payment of rent is an important step in the formal process and is often a prerequisite to issuing a termination notice or making an application to a state tribunal. In New South Wales, the Residential Tenancies Act 2010 sets out the procedure for dealing with a tenant in rent arrears. Under that Act, a landlord may issue a termination notice for non-payment of rent if the tenant is at least 14 days behind in their rent. The notice must give the tenant at least 14 days to remedy the breach by paying the arrears. If the tenant pays all arrears within the notice period, the notice lapses and the tenancy continues. If the tenant fails to pay within the notice period, the landlord may apply to the NSW Civil and Administrative Tribunal (NCAT) for an order terminating the tenancy. In Victoria, under the Residential Tenancies Act 1997, a similar process applies. A landlord may issue a notice to remedy a breach for non-payment of rent if the tenant is at least 14 days in arrears. The notice must give the tenant 14 days to pay all outstanding rent. If the breach is not remedied, the landlord may give a notice of intention to vacate (termination notice) and subsequently apply to the Victorian Civil and Administrative Tribunal (VCAT). In Queensland, the Residential Tenancies and Rooming Accommodation Act 2008 prescribes a different and shorter notice period for rent arrears. A landlord may issue a Notice to Remedy Breach when rent is at least seven days overdue. The tenant must be given at least seven days to remedy the breach by paying the arrears. If the breach is not remedied, the landlord may issue a Notice to Leave (termination notice) and apply to the Queensland Civil and Administrative Tribunal (QCAT). In Western Australia under the Residential Tenancies Act 1987, a landlord may serve a breach notice when rent is seven or more days overdue. The tenant is given a specified period to remedy the breach. In South Australia under the Residential Tenancies Act 1995, a landlord may issue a notice to remedy a breach for rent arrears of at least 14 days, with the tenant given 14 days to pay. A breach notice for non-payment of rent should clearly identify the parties and the premises, state the amount of rent overdue and the period for which it has been unpaid, specify the date of the last payment received, give a clear deadline by which all arrears must be paid, and set out the payment method. The notice should also warn the tenant that failure to remedy the breach within the stated period may result in a termination notice being issued and a tribunal application being made. Sending a Late Rent Notice at an early stage — even before the minimum statutory period has expired — serves as a clear record of the landlord's communication and can encourage prompt payment before the situation escalates to formal termination proceedings. It also demonstrates to a tribunal that the landlord acted reasonably and gave the tenant a clear opportunity to remedy the breach. This template is designed to assist landlords in preparing a clear, properly documented breach notice for non-payment of rent that complies with the general requirements of Australian residential tenancy legislation. It should be reviewed and adapted to reflect the specific requirements of the state or territory in which the property is located before being issued.

Create an Australian Notice to Quit requiring a tenant to vacate residential or commercial premises by a specified date. Suitable for landlords following a breach of tenancy or at end of fixed term. Compliant with state tenancy legislation.

A Notice to Vacate is a formal written notice issued by a landlord requiring a tenant to leave a rental property by a specified date. In Australia, the right to issue a notice to vacate — and the minimum notice periods that must be observed — is governed by the residential tenancy legislation in each state and territory. Landlords who fail to follow the prescribed notice periods and procedural requirements risk having the notice declared invalid by the relevant tribunal. Under the Residential Tenancies Act 2010 (NSW), a landlord who wishes to terminate a periodic tenancy without providing a specific reason must give 90 days' written notice. Where the ground for termination is a breach of the agreement by the tenant, the required notice period is shorter: for example, 14 days' notice applies in cases of non-payment of rent or serious damage to the property. A landlord who requires the property for their own use must give 90 days' notice for a periodic tenancy. At the end of a fixed-term agreement, the landlord must give at least 30 days' notice if they do not wish to renew the tenancy. In Victoria, under the Residential Tenancies Act 1997, the framework is similar but the notice periods differ. A landlord terminating a periodic tenancy without cause must give 60 days' notice. For non-payment of rent, the notice period is 14 days. The Victorian legislation also specifies notice requirements for renovation, demolition, and the landlord's own use, all requiring a minimum of 60 days. In Queensland, under the Residential Tenancies and Rooming Accommodation Act 2008, a landlord terminating a periodic tenancy without cause must give two calendar months' notice. For a fixed-term agreement, the landlord must give two months' notice before the end date if they do not intend to offer a further tenancy. Notice periods for breaches such as non-payment of rent are shorter — generally seven days for rent arrears. In Western Australia, South Australia, and Tasmania, similar provisions apply under their respective Residential Tenancies Acts, with notice periods varying by ground and tenancy type. A valid notice to vacate must be in writing and must include the address of the premises, the reason for the notice (where required), the date by which the tenant must vacate, and the landlord's contact details. In some states, the notice must also refer to the specific ground or section of the Act under which it is being issued. The notice must be served in a manner permitted by the relevant Act — typically by personal delivery, registered post, or email (where the tenant has consented to electronic service). If the tenant does not vacate by the date specified in a valid notice, the landlord must apply to the relevant tribunal for a possession order. In New South Wales, this is the NSW Civil and Administrative Tribunal (NCAT); in Victoria, it is the Victorian Civil and Administrative Tribunal (VCAT); and in Queensland, it is the Queensland Civil and Administrative Tribunal (QCAT). A tribunal will generally only make a possession order if the notice was validly issued and properly served, and the grounds stated in the notice are established. For landlords, using a clear and properly drafted notice to vacate helps ensure the notice is legally valid and reduces the risk of a successful challenge by the tenant. For tenants, receiving a notice to vacate does not necessarily mean you are required to leave immediately — you should check the notice period, the stated ground, and whether the applicable notice periods have been complied with. If you have any doubt about the validity of the notice you have received, you should seek advice from your state's tenant advisory service, community legal centre, or a solicitor experienced in tenancy law. This template is designed to assist landlords in preparing a clear, properly documented notice to vacate that complies with the general requirements of Australian residential tenancy legislation. It should be reviewed and adapted to reflect the specific requirements of the state or territory in which the property is located.