Giving Notice To Vacate


How a tenancy agreement with the lessor/property manager ends will depend on the type of tenancy that is currently in place.

FIXED TERM TENANCY TERMINATION

For a fixed term tenancy, the tenant is required to give the lessor/property manager a minimum of 14 days notice and this is done by completing a RTA Form 13 – Notice of Intention to Leave. This minimum 14 days notice cannot end at any time prior to the fixed term tenancy expiring. A lessor/property manager is required to give a minimum of two months notice to the tenant should they wish to end the tenancy. This notice is given by issuing a RTA Form 12 – Notice to Leave.

VACATING BEFORE YOUR FIXED TERM AGREEMENT IS UP?

If a tenant wishes to vacate a property prior to the expiry of a fixed term agreement, this is commonly referred to as a ‘break lease’ situation. The tenant is liable for rent up to the expiry date of the agreement or when a suitable tenant is found and takes occupancy of the property, whichever is the earliest. A tenant may also be liable for additional costs in this type of situation, commonly a break lease fee and costs of advertising.

PERIODIC TENANCY

For a periodic tenancy, the tenant is required to give the lessor/property manager a minimum of 14 days notice and this is also done by completing a RTA Form 13 – Notice of Intention to Leave. This notice can be given to the lessor/property manager at any time as there is no end date to a periodic tenancy. A lessor/property manager must provide the tenant with a minimum of two months notice should they wish to end the tenancy. This notice is given by issuing a RTA Form 12 – Notice to Leave.

The only time a lessor/property manager is able to give a tenant a shorter notice period is if the tenant is on a periodic tenancy and the property has been sold. In this circumstance, the lessor/property manager can provide a minimum of four weeks’ notice. This notice is given by issuing a RTA Form 12 – Notice to Leave. Please note, a tenant must have previously been issued a Form 10 – Notice of Intention to Sell Premises at the time the property was listed for sale.

HANDING OVER THE KEYS

Once a tenant has vacated a property, they will be required to return all the keys and remote controls to the agent along with a copy of the RTA Form 14a – Exit Condition Report and any receipts for carpet cleaning and/or pest control that may be required.

The tenant should provide the property manager with their forwarding address and any alternate contact details when handing in the keys and Exit Condition Report to help with the vacating process. A property manager has three business days in which to conduct the vacating inspection and complete, sign and return the Exit Condition Report to the tenant.  Although, common practice is that the property manager will conduct this inspection as soon as practicable.