Ending a Tenancy in the ACT

Ending a tenancy in the Australian Capital Territory (ACT) involves understanding your rights and responsibilities as a renter. Whether you are moving out at the end of a lease or due to other circumstances, it's crucial to adhere to the local tenancy laws to ensure a smooth transition.

Understanding Notice Periods

In the ACT, either party—tenant or landlord—must provide written notice to end a tenancy. The notice period can vary depending on the circumstances:

• Without cause: A tenant must give at least 21 days' notice, whereas a landlord must provide 26 weeks.
• For a fixed-term lease: Notice should be given at least 21 days before the lease ends.
• Breaches or other specific reasons: The notice period may differ based on the breach type or situation.

Using Form 2 - Notice to Vacate

Tenants can use Form 2 - Notice to Vacate to formally notify their landlord of the termination of tenancy. This form is essential when tenants decide to vacate the property at the end of their lease.

Bond and Final Inspection

Before moving out, it's important to prepare for the final inspection and bond return. The bond covers any potential damages outside normal wear and tear, which the tenant may be liable for.

Make sure to document the property's condition with photos or videos as evidence for both parties during the final inspection.

Lodging a Bond Refund

To reclaim your bond, fill out the Bond Refund Claim form and submit it to the ACT Revenue Office.

Breaking a Lease

If you need to break your lease early, you could be liable for reasonable re-letting costs and rent until a new tenant takes over or until the lease ends. It's vital to communicate with your landlord to negotiate terms, if possible.

The Residential Tenancies Act 1997 governs tenancy agreements in the ACT and outlines these processes. Understanding this act will provide clarity on your legal obligations when ending a tenancy.

1. What should I do if my landlord does not return my bond?

   If your landlord fails to return your bond, you can apply to the ACT Civil and Administrative Tribunal (ACAT) for resolution. It’s important to have all your documentation ready.

2. Can my landlord charge me for cleaning after I move out?

   Your landlord can only charge for cleaning if the property is left less clean than when you moved in, considering fair wear and tear.

3. What happens if I need to end my tenancy early?

   If you end your tenancy early, be prepared to cover reasonable re-letting costs and rent obligations until a new tenant is found or the lease naturally expires.

1. How to negotiate with your landlord to break the lease early

   Communicate openly with your landlord, explaining your reasons, propose a solution, and agree on potential cost-sharing for re-letting.

2. How to prepare for the final inspection

   Thoroughly clean the property, ensure all repairs are fixed, and document the condition for evidence during the final walkthrough.

3. How to ensure full bond recovery

   Maintain a documented property condition report, address any damage, and provide a forwarding address to facilitate the bond return process.

• Ensure to understand notice periods and provide official forms to avoid disputes.
• Document property condition to secure your bond refund after vacating.
• Communicate with your landlord to amicably resolve early lease terminations.

Need Help? Resources for Renters

• ACT Civil and Administrative Tribunal (ACAT): For tenancy disputes and bond claims.
• Legal Aid ACT: Legal support and advice for renters.
• Tenants' Union ACT: Advocacy and resources for renters in the ACT.

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1. Form 2 - Notice to Vacate
2. Bond Refund Claim form
3. Residential Tenancies Act 1997

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