If you’re a tenant or a landlord confused about the legalities of breaking a lease, you’ve come to the right place. We’re discussing the nitty-gritty of breaking a lease in Australia and answering some key questions about the topic.  

Learn when you can break a lease as a landlord, regulations in each state, and what costs you might face. Tenants, we’ve got you covered with a run down of your responsibilities around breaking a leasing and your rights when you face a break lease. 

Let’s hammer on.

A renter or rental provider can choose to end either a fixed or periodic tenancy at any time, as long as the terms are mutually agreeable. 

Generally speaking though, for a break lease to be considered legal, the initiating party needs to give written notice of their intentions. This needs to be delivered by courier, post or email, and include the following information:

- the address of the rented property

- the grounds or reason for terminating the lease

- appropriate notice period with the final vacate date 

- the letter is signed and dated

Notice periods allow time for tenants to find another accommodation, and rental providers to find new tenants. This period will vary depending on the type of agreement (fixed-term or periodic) and the reasons for termination. 

Each state has its own suggested templates or forms to fill out to initiate a break lease. We’re breaking it down so it’s easier to find the right one, whether you’re a landlord or a tenant in any state.

ACT

• For Landlords to use: Termination Notice / Notice to Vacate (DOCX download)
• For Tenants to use: Notice of Intention to Vacate (DOCX download)

NSW

• For Landlords to use: Sample Termination Notice
• For Tenants to use: Sample Termination Notice

QLD

• For Landlords to use: Notice to Leave
• For Tenants to use: Notice of Intention to Leave

SA

• For Landlords to use: Tenancy Termination Notices to Tenants
• For Tenants to use: Tenancy Termination Notices to Landlords

TAS 

• For Landlords to use: Sample Notice to Vacate
• For Tenants to use: Sample Notice to Terminate

VIC

• For Landlords to use: Notice to Vacate Rented Premises
• For Tenants to use: Notice of Intention to Vacate Rented Premises

NT 

• For Landlords to use: Notice to Terminate Tenancy Agreement
• For Tenants to use: Notice of Intention to Teminate Tenancy Agreement

WA

• For Landlords to use: Notice of Termination to Tenants
• For Tenants to use: Notice of Termination to Landlords

Since a tenancy agreement is a legally binding contract, ending one before it has run its term may incur some costs. While Australia doesn’t enforce any break-lease penalties, renters and rental providers may agree to pay compensation for any reasonable losses faced. 

This compensation typically covers:

• loss of rent
• advertising fees
• costs of re-letting the property (usually 1 week’s rent plus GST)
• moving costs

Each state has its own guidelines on compensation and some tenancy agreements may also outline compensation for both parties in the event of a break-lease.
Make sure to get any compensation agreements in writing, even if you both agree that compensation is not required. Have a lawyer or qualified professional look over it before moving forward.

Yes, they can. If a renter decides to end a lease early, they should inform the landlord of their intentions giving a minimum notice period of 7 days, up to a maximum of 90 days. The notice period varies by state and largely depends on the type of tenancy agreement and the reason for termination.

In cases of domestic violence, a tenant can end a lease early without the need for a notice period by providing a Domestic Violence Termination notice to the rental provider, or their agent - this does not need to be delivered in person.

A DVT notice should have at least one permitted form of evidence attached, which includes:

• Certificate of conviction for the domestic violence offence
• Family law injunction
• Provisional, interim or final Domestic Violence Order
• Declaration made by a competent person in the prescribed form.

A landlord can only break a lease (either fixed term or periodic) if the renter mutually agrees to terminate the lease early, or they have seriously breached their tenancy agreement and there are reasonable grounds for an eviction.

If a rental provider has reasonable grounds for eviction, they must give the renter an adequate amount of time to vacate the property. 

The minimum notice period for breaking a lease agreement in Australia varies depending on the state the property is located in, and the reason for ending the tenancy early. 

In the Australian Capital Territory, the Residential Tenancies Act 1997 regulates the rights and responsibilities of landlords and tenants, and provides a framework for the resolution of disputes.

*Does not apply to tenants who have occupied the property for more than 20 years

-Table data from NSW FairTrading

In New South Wales, the Residential Tenancy Act 2010 regulates the rights and responsibilities of landlords and tenants, and provides a framework for the resolution of disputes.

- Table data from Nothern Territory Consumer Affairs

In the Northern Territory, the Residential Tenancies Act sets out the rights and obligations of landlords and tenants, including the requirement for a written tenancy agreement.

- Table data from QLD Residential Tenancies Authority

In Queensland, the Residential Tenancies and Rooming Accommodation Act 2008 regulates the rights and responsibilities of landlords and tenants, and provides a framework for the resolution of disputes.

- Table data from South Australia Government Online

In South Australia, the Residential Tenancies Act 1995 regulates the rights and responsibilities of landlords and tenants, and provides a framework for the resolution of disputes.

- Table data from Tasmanian Govt: Consumer, Building and Occupational Services

In Tasmania, the Residential Tenancy Act 1997 sets out the rights and obligations of landlords and tenants, including the requirement for a written tenancy agreement.

- Table data from Consumer Affairs Victoria

In Victoria, the Residential Tenancies Act 1997 sets out the rights and obligations of landlords and tenants, including the requirement for a written tenancy agreement.

- Table data from Government of Western Australia, Department of Mines, Industry Regulation and Safety

In Western Australia, the Residential Tenancies Act 1987 sets out the rights and obligations of landlords and tenants, including the requirement for a written tenancy agreement. 

It's important to note that these are the minimum notice periods - the tenancy agreement between the tenant and landlord can provide for longer notice periods.

It's also important to consult the relevant state's legislation or seek guidance from a qualified professional to ensure compliance with the law before ending a tenancy agreement.

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