If you are a landlord in NSW and your Tenant has just told you they will be moving on, you might be thinking – “This is sudden – have I been given enough notice?!”
In NSW the notice periods that a tenant must provide to their Agent/Landlord about moving out can be complicated, so we will do our best to simplify it!
If your Tenant is in a current lease and wants to leave before their lease has expired, then this would be called a ‘Break Lease’ situation and you can read all about that situation here: https://www.rightside.io/breaking-your-lease/
While in lease
If your Tenant is in a current lease (that is their lease has not yet expired) then they will need to give you a minimum of 2 weeks notice to end the lease. For the Tenants out there – if you are planning on moving out on the day that your lease expires this means that you will need to let your Agent or Landlord know at least 2 weeks prior to moving day.
After lease has expired
If your Tenant is on a periodic lease (that is the lease has expired and they are still living in the property) then at least 3 weeks noticeis required before they move out.
How to give notice
Notice for vacating a rental property must be put in writing, this can be as simple as your Tenant sending an email confirming the date that they will be moving. If you are a Tenant, it is not enough to phone and tell your Agent or Landlord about your moving plans. No doubt they will appreciate hearing from you in person, however you are obligated to put this notice in writing.
What happens if not enough notice is provided?
If you are a Tenant and you didn’t realise how much notice was required, then this may mean that you are obligated to pay rent throughout the notice period regardless of if you are still living in the property or not! We think that it is always best to provide as much notice as possible.
There are various other situations that will impact the notice periods that are required, and this article doesn’t take into account less common scenarios, so if you are a Landlord or Tenant and are looking for advice, please don’t hesitate to reach out!
