As a tenant you have rights under the Residential Tenancies Act 1987 and Residential Tenancies Regulation 2006. This factsheet explains the law in New South Wales about moving out of rented premises.

Steps for a tenant to end (terminate) a tenancy

1. Give the landlord/agent a written notice of termination (see below) with the right amount of notice. If you are posting a letter, allow four extra working days for postage.

2. Take all your possessions from the premises, and ensure the premises are as clean as when you moved in, allowing for 'fair wear and tear'. Take photos of the condition of the premises

3. Arrange with the landlord/agent to inspect the premises and fill out an outgoing condition report.

4. Hand in the keys to the landlord/agent on the day you leave.

5a. If you agree with the landlord/agent about return of the bond, fill out a 'Claim for Refund of Bond Money' with them and send it to the Office of Fair Trading Renting Services.

5b. If you do not agree about the bond, send a completed 'Claim for Refund of Bond Money' form to the Office of Fair Trading Renting Services as soon as possible. You need not have the landlord/agent's signature. (Also see Factsheet 03: Bond.)

6. If you get notice of a Consumer, Trader and Tenancy (CTTT) hearing, you should attend. (See Factsheet 11: Consumer, Trader and Tenancy Tribunal.)

Contact your local Tenants Advice and Advocacy Service (TAAS) for help.

Notice of termination at the end of a fixed-term agreement

You can end the agreement at the end of the fixed term by giving the landlord 14 days notice in writing before the last day of the term. You need not give a reason. If the agreement does not end in this way then it automatically becomes a continuing agreement.

Notice of termination to end a continuing agreement

To end a continuing agreement for no particular reason, you must give 21 days written notice.

Leaving because the landlord breaks the agreement

If the landlord breaks a term of the agreement (called a breach) the law says you can give 14 days written notice to leave. However, you should be careful when doing this because:

• the landlord may deny that they breached the agreement and may claim that you had no right to end the tenancy
• the CTTT may find that the breach was not serious enough for you to terminate the agreement
• the CTTT could view your choice to leave the premises as an 'abandonment' of the tenancy rather than termination for breach.

You may end up losing your bond and/or have to pay more compensation to the landlord for their loss of rent.

If there are problems in your tenancy which the landlord does not fix, it is better to take action in the CTTT to deal with it. You may be able to settle the case in a conciliation meeting with the landlord.

Immediate notice of termination

You or the landlord can give immediate written notice of termination if the premises:

• are destroyed
• are made wholly or partly unusable
• cease to be a lawful dwelling
• are appropriated or acquired by any authority by a compulsory process.

An example is where premises are unusable due to floods, fires or storms. If you are considering giving such a notice (or you receive one) get advice from your local TAAS.

Ending the agreement early

Also see Factsheet 16: Ending tenancy early.

If you are facing serious hardship you may apply to the CTTT for an order allowing you to terminate your tenancy agreement before the end of the fixed term. You should provide evidence of your hardship (e.g. bank statements, doctor's letters). If the tribunal allows you to break your agreement early, it may order you to pay some compensation to the landlord.

If you decide to end the agreement early without a tribunal order, give to the landlord/agent written notice with the date you are moving out. However, you may have to:

• pay the landlord compensation for loss of rent
• pay some of the costs of finding a new tenant (e.g. for newspaper ads)
• pay a re-letting fee (if your landlord is using a real estate agent)
• pay money for the preparation of a new tenancy agreement (up to $15)
• pay the difference between your rent and the new rent for the rest of the fixed term, if the premises can only be re-let at a lower rent.

The landlord must take practical steps to get a new tenant.

How to give notice

Notice to end your agreement should:

• be in writing
• be signed by you and all other tenants whose names are on the tenancy agreement
• give the address of the premises
• give the date you are moving out
• state why you are giving notice (e.g. landlord has breached the agreement) and give details
  
• be dated.

The notice can be posted or hand delivered to the landlord or agent – if posted, allow an extra four working days for postage. Keep a copy for yourself.

When you leave

• Leave the premises clean and tidy and in a similar condition to when you moved in. Take photos.
  
• Arrange with the landlord/agent to inspect the premises on the day you leave. The landlord/agent should fill out an 'outgoing' condition report while they do the inspection. This will reduce the possibility of the landlord later unfairly claiming that you damaged the premises.
• If the landlord/agent does not fill in a condition report with you, complete one yourself. Ask a friend to inspect the premises and to make a statutory declaration about the condition of the premises.
• Return the keys on the day you leave and get a receipt for them.
• Apply to the Office of Fair Trading Renting Services for your bond money as soon as possible. (Also see Factsheet 03: Bond.)

Updated: June 2008

Further help

Tenants NSW website: www.tenants.org.au
Tenants Hotline: 02 8117 3750 or 1800 251 101
Tenants Advice and Advocacy Services: see the Tenants NSW website or call the Tenants Hotline to find your local general or Aboriginal service Renting Services (NSW Office of Fair Trading): 133 220

Other factsheets

This is one of a series of factsheets on tenancy issues. Other factsheets are available from www.tenants.org.au/publish/factsheets/ or your local Tenants Advice and Advocacy Service.