Ending your rental property lease early
'Must-know's for moving out of a room, share house or apartment – whether you just want a change or have a reason to leave.
Your options for ending your lease depend on your reasons for leaving.
To terminate your lease, you’ll usually need to:
- Give notice to your landlord (and each co-tenant, if you signed a lease with others)
- Pay a break lease fee (usually 4-6 weeks' rent).
Please note: Penalties and fees differ between accommodation providers. Check your contract for Terms and Conditions.
You might be able to avoid paying a break fee and/or end your lease sooner if:
- The landlord isn’t fixing things or breaking the lease agreement
- The place is unliveable (e.g. major mould, flood, fire)
- You’re in danger or experiencing domestic violence
- You’re facing hardship (e.g. financial, mental health)
- You’ve been offered social housing
- Your landlord didn’t tell you something important before you signed (e.g. they were selling).
However, you will still need to provide notice for some of these cases.
For the reasons above, you may need to go through NCAT, the NSW tribunal that helps with rental disputes.
Check your lease agreement to identify what type of lease you have.
Common contract types include:
- Fixed-term agreement – Ends on a specific date (e.g. a 6-month or 12-month lease)
- Ongoing (periodic) agreement – Keeps going or renewing until someone gives notice to end it
- Occupancy agreement – May have terms and conditions which differ from a standard agreement.
Reason to end lease |
Notice period |
Break fee required? |
|---|---|---|
End of lease term |
14 days |
No |
Leaving fixed-term contract (before end date) |
14 days |
Yes (depends on lease and how much of it you have completed) |
Leaving ongoing contract (no fixed end date) |
21 days |
No |
Domestic violence, danger or property damage |
None – you can leave immediately |
No |
Hardship (financial, serious mental health) |
Depends on lease conditions and circumstances |
|
To learn more, refer to the NSW Government's information about minimum notice periods for ending a residential tenancy.
Unless you don't feel safe or comfortable, don’t just leave without written notice. You’ll still be legally responsible as a tenant and have to pay rent.
If you need to leave due to domestic violence, there are ways for you to terminate your lease immediately. Find support and follow our steps to leave immediately due to domestic violence below.
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What if I have co-tenants?
You may have co-tenants who also signed the lease agreement for your rental accommodation.
- If everyone is leaving, you can all submit your notice.
- If just you are leaving:
- Talk to your landlord and co-tenants early
- Submit a notice to both your landlord and each of your co-tenants individually.
You might need to go to NCAT to officially remove yourself from the lease.
Unless you don't feel safe or comfortable, don’t just leave – you’ll still be legally responsible.
To learn more, refer to the Tenant's Union's information about ending your tenancy, sharing housing, and boarders and lodgers.
What if I don't have co-tenants?
If you're the sole tenant, submit your notice to inform your landlord that you wish to end the lease.
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What should I include in my notice of lease termination?
- Your name
- The property address
- Why you're ending the lease (if there's a reason)
- The date you're moving out
- Your signature and the date.
Sending your notice as an email is fine – just keep evidence that you sent it.
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- You will need to move out and return the keys on the end date outlined in your lease agreement.
- Rent will continue until the end date outlined in your contract even if you leave earlier.
- Do a final clean, take photos and get a condition report if possible.
- The landlord might disagree with your reason — they can apply to NCAT, but so can you.
You have legal rights to leave your rental accommodation without penalty if you are experiencing domestic or family violence.
Terminating your lease
You can end your lease immediately without penalty if the person causing harm is:
- Someone you have or had a domestic relationship with (e.g. a partner, family)
- A former or current co-tenant
- A former or current occupant of your rental accommodation.
⚠️ Your safety comes first
Always do what’s safest for you! You can:
- Give notice and then leave, or
- Leave first and give notice later if that’s safer.
-
Do I need to provide a lease termination notice?
You will have to provide notice to your landlord or agent to inform them of your decision to terminate the lease agreement. This notice must include evidence.
Please note:Â A notice is required even if you choose to move out first to keep yourself safe. You can have a support person deliver the notice for you.
If you have co-tenants, you'll need to provide them with notice as well. You don't need to include evidence for a notice to co-tenants.
What should I include in my notice?
Be sure to include:
- The date you wish to end your lease. This can be the same day.
- Suitable evidence (see below).
You must include one of the following:
- A Domestic Violence Order (DVO) – provisional, interim or final
- A declaration from a 'competent person' (such as a general practioner, psychologist or social worker) confirming that you have experienced domestic violence.
Notice templates
- Domestic Violence Termination Notice by Tenant to Landlord/Agent (evidence required)
- Domestic Violence Termination Notice by Tenant to each Co-Tenant (no evidence required)
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You can give your notice of lease termination yourself or nominate a support person to deliver it for you. The notice can be delivered:
- By hand
- By post
- By email.
You do not need to give a notice period. The lease can end immediately.
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When related to domestic violence, once you’ve sent a notice to your landlord or agent (and co-tenants, if you have any):
- You can move out straight away
- You don’t have to pay more rent
- You won’t pay a break lease fee
- The landlord can’t blacklist you on tenancy databases because of this.
What if I paid part of the bond?
You can ask for what you paid back (minus any unpaid rent/damage).
If your co-tenant refuses to return your share, you can send a written demand (they will have 14 days to respond).
If you receive no reply after 14 days, apply to NCAT within 28 days to recover your bond payment.
You’ll also need to submit a Change of Shared Tenancy Arrangement Form to the Rental Bond Board.
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After you give your notice:
- Other non-offending tenants will continue to pay their usual share of rent for 14 days. After that, they can either:
- Find a new housemate
- Apply to NCAT to end the lease.
- If the offender is the only one left, they will have to pay the full rent.
- Other non-offending tenants will continue to pay their usual share of rent for 14 days. After that, they can either:
Further information
NSW Government
Learn more
Tenants' Union NSW
Learn more
Need help now?
UNSW Gendered Violence Portal
A central hub to report gendered violence and get the support you need
1800 RESPECT (1800 737 732)
24/7 support for anyone experiencing domestic or family violence
Emergency support services
On-campus & off-campus support for emergencies and incidents
UNSW Off-Campus Accommodation Support (OCAS)
Get help with finding accommodation off campus. We can assist you with exploring a range of options that suit your requirements.
Tenants’ Advice Services
Access free advice about your rights and responsibilities as a tenant. Tenants' Advice Services operate across NSW and can guide you to the right support services for rental concerns.
Raise disputes with your landlord or co-tenants to NCAT for formal resolution.
Learn more
Find free legal advice and education at our Kensington campus.
Learn more
Get crisis payment for accommodation as an eligible domestic student.
Learn more
Access case management for female domestic violence survivors.
Learn more
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