Can I end my tenancy on a weekend, public holiday, or over a holiday period?

Some real estate agents tell tenants that they cannot terminate their tenancy agreement on Saturdays or Sundays, or over holiday periods.  There is nothing in the Standard Tenancy Terms that restrict the days on which an agreement can be terminated.

You must ensure that you have given appropriate notice in writing required by the following clauses of the tenancy agreement:

88   (1)   The tenant may give notice to terminate a periodic tenancy by giving the lessor not less than 3 weeks notice of the date when the tenant intends to vacate the premises.

(2)   The tenancy ends on the date specified by the tenant.

89   (1)   The tenant may give notice to terminate a fixed term tenancy at or after the end of the tenancy by giving 3 weeks notice of the date when the tenant intends to vacate the premises.

(2)   The tenancy ends on the date specified by the tenant.

It is important to note that your notice counts from the day of service (business day if it is a business) if you email or hand deliver it, or the day after you posted it to allow for a day to deliver it.

The purpose of the notice is to allow your landlord or agent time to organise advertising and for a date for the final inspection. You cannot be forced to stay in the tenancy extra days, it is up to the landlord or agent to fit in time for an inspection on, or before, the day you terminate it.  There is no provision for them to have an inspection after the tenancy has terminated.

Notice:

84   (1)  If the tenant serves a notice of intention to vacate and vacates the premises in accordance with the notice, the tenancy terminates on the date of vacating the premises.

(2) On receiving a notice of intention to vacate, the lessor may—

(a)   accept the notice and accept that the tenancy ends on the date nominated in the notice; or

(b)   apply to the tribunal for confirmation of the tenancy agreement, an order for compensation or both.

85    The notice of intention to vacate must be in the same form and contain the same information as the notice to vacate from the lessor except the notice must contain the statement that the tenant intends to vacate the premises on a certain date and the tenancy terminates on that date.

If they refuse to accept your keys,  write and advise them that you have no alternative but to post them registered mail.

Once the tenancy has terminated you can lodge your refund of bond form with the Office of Rental Bonds.

Also see Additional Final Inspections – are they valid?

 

Reviewed: 3/12/13

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