When you don’t have a fixed-term tenancy agreement
You must give at least 28 days’ notice of intention to vacate to the landlord if you intend to move out of your rented premises.
A Notice of Intention to Vacate is simply a letter to the landlord that states the date you will be leaving. This date must be 28 days from the day that the landlord receives the notice. This means that if you send the notice by mail rather than giving it in person, you need to allow extra days for delivery. See Australia Post delivery times. You can also send the notice by email if the landlord or agent has agreed to you giving notices this way. If you send the notice by email, you should make sure it is to the email address nominated by the landlord or real estate agent and if possible request a read receipt. However, we recommend that you use registered mail and keep the mail receipt so you can prove the date that you sent it. You should also keep a copy of your notice.
If you intend to leave before the 28 days are up, you should tell the landlord and return the keys so the premises can be re-let earlier if possible. If other tenants can be found before the 28 days are up, you will not be liable for rent from the date that they move in. In some circumstances, you only have to give 14 days’ notice that you intend to leave. This applies when:
- the landlord has given you a 120-day Notice to Vacate
- the landlord has given you a 60-day Notice to Vacate
- you are a public tenant and you receive a 90-day Notice to Vacate because you no longer meet the eligibility requirements
- you require special or personal care that you cannot get at your rented property
- you have a written offer of public housing
- you are going into temporary crisis accommodation