Ending a Tenancy in the ACT: Key FAQs

As a renter in the Australian Capital Territory (ACT), understanding the ins and outs of ending a tenancy can save you from unnecessary stress and ensure a smooth transition. Whether you're facing a rent increase, eviction, or need to address repairs before moving out, being informed is essential. This article addresses some common questions to help you navigate the process within the ACT.

Understanding Notice Periods

In the ACT, notice periods for ending a tenancy agreement depend on whether you or your landlord initiates the termination, as well as the circumstances of the termination.

• If you want to end the tenancy: You must usually provide at least 21 days' notice if you're on a periodic tenancy. This must be done in writing.
• If your landlord intends to end the tenancy: Your landlord must provide you with a written notice that varies in length depending on the reason. For instance, if the property is being sold, 8 weeks' notice is usually required.

It's crucial to check your lease agreement, as specific conditions or clauses might affect these general rules. More about managing lease agreements can be found on our Ending a Tenancy page.

What to Do If Repairs Are Needed Before Moving Out?

If repairs are required that fall under your responsibility as per the lease agreement, it's advisable to address them before vacating. This can prevent potential disputes over your bond. A good strategy includes:

• Documenting all repairs
• Keeping receipts for any related expenses
• Informing your landlord about the repairs in writing

For issues regarding tenant and landlord responsibilities, refer to the Residential Tenancies Act 1997.

The Bond Refund Process

In the ACT, your rental bond is held by the Office of Rental Bonds (ORB). To get a bond refund, you and your landlord need to agree on the amount to be returned. After moving out, complete a Refund of Rental Bond form to initiate the process. If there is a dispute over the bond, the matter may need to be resolved through the ACT Civil and Administrative Tribunal (ACAT).

Tip: Always ensure the property is thoroughly cleaned and you have documented evidence of its condition when you move out.

Resources for Understanding Tenancy Legislation

The ACT adheres to the Residential Tenancies Act 1997 which outlines the rights and obligations of both landlords and tenants. This legislation is your primary guide if you encounter any legal issues related to your tenancy.

1. FAQs About Ending a Tenancy in the ACT
   1. Can I end my lease early in the ACT?
      Yes, you can. However, you may be responsible for costs associated with breaking the lease, such as rent until a new tenant is found, advertising costs, and a fee for breaking the lease.
   2. What can I do if my landlord doesn't return my bond?
      If you can't reach an agreement, you may apply to the ACT Civil and Administrative Tribunal to dispute the bond amount returned.
   3. Do I need to be present for the final inspection?
      While it's not mandatory, attending the final inspection can help to address any concerns immediately and ensure a fair evaluation of the property’s condition.

1. How to End a Tenancy Legally in the ACT
   1. Step 1: Review your lease agreement
      Ensure you understand the notice requirements and any conditions related to ending the lease.
   2. Step 2: Provide written notice
      Write a formal notice to your landlord indicating your intention to move out, including your new address.
   3. Step 3: Conduct a final inspection
      Arrange a final inspection with your landlord and complete the Bond Refund Form if no issues are found.

Need Help? Resources for Renters

If you need assistance or further information regarding tenancy issues in the ACT, consider reaching out to the following resources:

• ACT Civil and Administrative Tribunal (ACAT) - For tenancy disputes and appeals
• Legal Aid ACT - For legal advice and assistance
• Tenants' Union ACT - For tenants’ rights information and support

---

1. The information is based on the Residential Tenancies Act 1997 and verified through the official ACT legislation site.
2. All forms such as the Refund of Rental Bond form are accessible through Justice and Community Safety Directorate.
3. Notice periods and other rights are detailed in official ACT government tenancy resources and verified through the same site.

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid