Most of the rules and regulations that cover tenants’ rights are similar between all of the states and territories around Australia. There are some key areas, however, where there are differences between each state. This month we’re taking a look at notices to vacate and the differences in rules and regulations between each state.
Queensland – landlords are required to give at least two months’ notice to end a tenancy agreement early. This only applies if it’s a periodic lease. If your lease is a fixed term, you have the right to stay the term unless you breach your tenancy agreement or there’s a mutual agreement to end the lease early.
New South Wales – landlords can’t legally end a fixed-term agreement unless you’ve breached your tenancy agreement. If you need to give notice at the end of your fixed agreement, it needs to be 30 days in advance. If your fixed term lease has ended and your lease is now periodic, the landlord must give 90 days’ notice to end the agreement. If you breach your lease agreement, you canbe given 14 days’ notice tovacate.
Victoria – unless you’ve breached your tenancy agreement, you can’t be asked to vacate your rental property before the lease end date in a fixed-term lease. When the fixed-term lease ends and the lease is month-to-month, you must receive at least 60 days’ notice. In this case, there must also be a reason provided with the notice eg. the landlord is selling the property, or they are moving into the property. If the landlord can’t provide a reason, the tenant must be given 120 days’ notice.
South Australia – at the end of a fixed-term lease, a tenant must receive at least 28 days’ notice if they are being asked to vacate the property at the end of the lease. The landlord must provide at least 60 days’ notice if they are going to sell, demolish or occupy the property when a periodic lease is in place. If the landlord can’t provide a reason for the notice to vacate, they need to provide at least 90 days’ notice.
Western Australia – landlords must provide at least 30 days’ notice at the end of a fixed-term tenancy agreement or in a periodic tenancy if the property is going to be sold. If a landlord wants to end a periodic tenancy without reason, they must provide at least 60 days’ notice.
Tasmania – after a fixed-term agreement has ended, a tenant must receive at least 42 days’ notice to vacate if the property is going to be sold, renovated, or used for a purpose other than a rental property.
Northern Territory – landlords must provide at least 14 days’ notice if they want to end a tenancy after your fixed- term agreement is finished. If your fixed-term agreement has ended, and you’re on a periodic lease, the landlord must provide at least 42 days’ notice.