A notice to terminate tenancy is a legal document used by a landlord or property manager or by the tenant to end a tenancy agreement between a landlord and a tenant.
This notice can be used in many circumstances, including:
- when the landlord wants the tenant to vacate the rental property at the end of the tenancy period;
- when the tenant has breached the terms of the tenancy agreement and the landlord wants to evict the tenant;
- when the tenant wants to end a fixed-term agreement before the end of the fixed term.
The requirements for a notice to terminate tenancy vary depending on the type of tenancy (residential, commercial or retail), the type of agreement (fixed-term or periodic), the reasons for termination and the state or territory in Australia, as each has its own tenancy laws. However, generally, a notice to terminate tenancy must:
- Be in writing;
- Contain the date the notice is issued;
- Include the address of the rental property;
- State the reason for termination;
- Inform the date by which the tenant must vacate the property; and
- Be signed by the party giving the notice.
It is important to note that a notice to terminate tenancy must be issued in accordance with the relevant tenancy laws and regulations in the state or territory in which the property is located. Failure to do so can result in legal issues for the landlord or property manager.
In NSW, the laws regulating the different types of tenancy are the Residential Tenancies Act 2010, the Retail Leases Act 1994, the Conveyancing Act 1919, and the Real Property Act 1900.