Vacating Your Rental Property
What to do when vacating your rental property
We are sorry to see you go!
On this page we will outline your responsibilities when vacating your rental property, but you can find more information in the Tenancy Handbook.
When the fixed term period of your rental agreement is due to expire, you can give us 14 days' notice to end your tenancy, at any time up to and including, the last day of your fixed term, but it must be in writing.
Once your fixed term tenancy has ended however, you are required to give at least 21 days' notice if you wish to vacate your rental property.
Breaking a fixed term lease with penalty
If you wish to end your tenancy agreement early, you should give as much notice as possible and provide this notice in writing (only the legal tenant can give us this notice). We will need the date you intend to leave and you will need to include a request that we find a new tenant for the property.
Breaking a fixed-term agreement early
When a tenant signs a fixed term agreement, they are committing to stay for the full term.
If a tenant wants to move out before the end of the fixed term, there could be costs involved.
There are some situations where a tenant can end a fixed-term agreement without penalty.
A tenant should give the landlord as much notice as they can if they need to end the agreement early.
A tenant should also make it as easy as possible for the landlord or agent to show the property to potential new tenants.
Breaking a fixed-term agreement signed after 23 March, 2020
Mandatory break fees may apply which is payable based on the stage of the agreement.
A break fee is a penalty a tenant agrees to pay if they move out before the end of the fixed term.
If the mandatory break fee applies, the set fee payable is:
four weeks rent if less than 25 per cent of the agreement has expired
three weeks rent if 25 per cent or more but less than 50 per cent of the agreement has expired
two weeks rent if 50 per cent of more but less than 75 per cent of the agreement has expired
one weeks rent if 75 per cent or more of the agreement has expired.
Breaking a fixed-term agreement signed before 23 March, 2020
The former rules apply and parties should check their agreement under 'Additional terms' to see if the agreement includes the optional break fee clause.
The optional break fee clause will not apply if the break fee clause has been deleted from the tenancy agreement.
A landlord may still seek compensation by applying to the Tribunal.
These costs may include loss of rent, advertising and a letting fee if the landlord uses an agent.
The landlord or agent may negotiate an agreed amount of compensation with the tenant.
If the tenant and landlord are unable to agree on the amount of compensation, the landlord may claim from the bond or apply to the Tribunal for an order that the tenant pays the landlord a certain amount of compensation.
The landlord will need to show the Tribunal that what (reasonable) steps they took to minimise their losses (e.g. advertising for a new tenant without delay).
Breaking a fixed-term agreement without penalty
In some circumstances, a tenant can break a fixed-term agreement early without penalty.
A tenant can give 14 days' written notice to end an agreement early without penalty if:
- they have accepted an offer of social housing (e.g. from DCJ Housing)
- they need to move into an aged care facility or nursing home (not a retirement village)
- a landlord has put the property on the market for sale during the fixed-term, and the tenant was not told before signing the agreement that the property would be sold
- if the property becomes listed on the Loose Fill Asbestos Insulation register during the tenancy or was previously listed without the landlord or agent disclosing that information to the tenant.
A tenant still needs to pay the rent until they hand back possession of the property.
Getting your bond back quickly
Prior to the return of your bond, your property manager will need to perform a final inspection of the property. However, we can't inspect the property until you have vacated the property and returned the keys (including any given to friends or relatives).
To make the whole process much quicker for you and to prevent any unnecessary delays in returning your bond, please ensure the following have been completed before the final inspection:
- Ensure that our office has your new forwarding address and phone number
- Your rent is fully paid up to the vacating date
- All keys have been returned, including letterbox keys
- Disconnection of your telephone, electricity, gas supply and any rental payment systems that are in place have been organised
- All mail has been redirected to your new address
What to do for the final inspection
The final inspection should be performed in your presence, so you will need to contact your property manager to make a suitable time.
If you are unable to attend the final inspection, your property manager will carry out the final inspection alone and attempt to finalise the refund of your rental bond within 4 working days of the keys being returned to our office.
Within 24 hours of the final inspection, your property manager will contact you to discuss the outcome and if there are any items that still require attention, for example cleaning issues, you will be given 24 hours to rectify these problems (this time frame may vary depending on when the property is being re-occupied). If you authorise works to be completed on your behalf, you will be given a detailed breakdown of deductions from your rental bond.
Please be aware that general cleaning, carpet cleaning, repair of damages and payment of outstanding rent should be completed before vacating the rental property.
For a complete guide to your final inspection, please see a detailed list of what is required before you vacate the property in the Tenancy Handbook.
IMPORTANT NOTE: Please contact us on 02 9981 9400 or send us an email to seek advice on selecting the right cleaners and carpet cleaners prior to vacating the premises.
Vacating Forms: