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Notices from Tenants

Group 1: Notices Given ONLY During a Fixed-Term Lease

No-Grounds Notice at the End of a Fixed Term

When it can be given: On or before the last day of the fixed-term agreement, to take effect on or after the end date

Tenant's Early Exit Notice (Leaving early after receiving a landlord's termination notice)

When it can be given: If the landlord issues a non-breach termination notice (e.g., due to sale or repairs) and the tenant wants to leave before the landlord's date

(Note: This notice can only be given within 60 days of the end of the agreement for leases of 6 months or less, or within 90 days for leases longer than 6 months).

Breaking the Lease Early (Without a legally-specified reason)

When it can be given: At any point during a fixed-term agreement

Notice Period: No minimum notice period is legally required, but the tenant must pay rent until they vacate and return the keys. A statutory, capped break fee of 1 to 4 weeks' rent will apply

Group 2: Notices Given ONLY During a Periodic (Ongoing) Lease

These notices apply to tenants whose fixed term has expired or who started their lease on an ongoing periodic basis.

No-Grounds Termination Notice (Ending the periodic agreement for any reason)

Co-Tenant Ending Their Own Tenancy

Group 3: Notices That Can Be Given Under BOTH Fixed-Term and Periodic Leases

These are grounds-based or extraordinary notices. 

Offered Social Housing / Accepted an Aged Care Place / Undisclosed Intention to Sell / Co-Tenant AVO Exclusion

(Bypasses the fixed term; no break fee is payable).

When it can be given: At any time during the ongoing agreement

When it can be given: When a single co-tenant wants to remove themselves from a shared lease during a periodic agreement, without ending the agreement for the other co-tenants

When it can be given: If the tenant is offered social housing, accepted into aged care, if the landlord failed to disclose a contract for sale before the lease started, or if a co-tenant is excluded by a final AVO

(The tenant can simply exit using the standard periodic termination notice, as no extraordinary grounds are needed to leave without penalty).

Rent Increase Dispute

(Only applies to fixed terms of 2+ years) which must be given before the rent increase takes effect. No break fee applies

When it can be given: If the landlord serves a valid notice of rent increase and the tenant chooses to terminate instead of paying

Standard periodic termination notice applies

Death of a Co-Tenant

When it can be given: Following the passing of a co-tenant on the lease

Death of a Sole Tenant

When it can be given: Given to the landlord by the deceased tenant's legal personal representative

Domestic Violence Termination Notice (DVTN)

When it can be given: At any time if the tenant or their dependent child is a victim of domestic violence

Frustrated Agreement (Premises became uninhabitable or unusable)

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Breach of Pre-Agreement Disclosure Requirements

landlord’s Breach of Agreement

Takes effect on the day it is given or a later specified date; no fixed-term break fee applies.

If the property is destroyed, becomes unliveable (not due to tenant breach), ceases to be legally usable as a residence, or is compulsorily acquired. The notice can specify the same day it is given as the termination date.

When it can be given: If the landlord or agent failed to disclose legally required material facts or made false representations to induce the tenant to sign

When it can be given: At any time if the landlord has failed to meet their legal obligations (such as failing to carry out required repairs)

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