Your Guide to Ending a Tenancy in NSW

Ending a tenancy can often seem daunting, especially when you're unsure of the legalities involved. In New South Wales, tenants have specific rights and responsibilities they need to follow to ensure a smooth transition when moving out. Whether you're considering ending your tenancy due to a rent increase, eviction, or any other reason, it's essential to understand the steps involved within the framework of the Residential Tenancies Act 2010. This guide will walk you through the essential steps and legal forms required for ending a tenancy in NSW.

Understanding Notice Periods

When ending a tenancy, providing the correct notice period is crucial. As per the Residential Tenancies Act 2010, here are the common notice periods:

• Fixed-term agreement: You'll need to provide a minimum of 14 days' notice before the end of your lease.
• Periodic agreement: A minimum of 21 days' notice is required.

How to Give Notice

To formally end your tenancy, you must provide written notice to your landlord or property manager. The “Notice of Termination” can be downloaded from the NSW Fair Trading website. Make sure to keep a copy for your records.

Handling Rent and Bond

It's essential to ensure all your rental payments are up to date when ending a tenancy. Outstanding rent must be paid before vacating the property.

Bond Refund

Your bond is held with the Rental Bond Board, and after vacating, you can apply for a bond refund. Use the Rental Bond Claim form, available at NSW Fair Trading. Return the property in the same condition as at the start, allowing for fair wear and tear, to increase your chances of a full refund.

Tip: Consider documenting the condition of the premises with photos to avoid disputes over bond returns.

Addressing Repairs and Maintenance

Before moving out, you should address any repairs or maintenance issues. As per the Residential Tenancies Act 2010, tenants are required to leave the property in a similar condition to when they moved in, excluding fair wear and tear. Ensure all necessary repairs are communicated to your landlord and recorded in writing.

Need Help? Resources for Renters

If you need assistance, several resources are available to renters in NSW:

• NSW Fair Trading: Provides guidance and resources for tenants, including how to manage disputes and understand legal rights. Visit their website at NSW Fair Trading.
• Tenants' Union of NSW: Offers legal advice and resources for tenants. Check them out at Tenants' Union of NSW.
• NSW Civil and Administrative Tribunal (NCAT): Handle disputes between tenants and landlords. For more information, visit NCAT.

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1. What happens if I don’t give enough notice? If you do not provide sufficient notice, you may be liable to pay rent until the end of the notice period or until the property is rented again, whichever comes first.
2. Can I terminate my lease early? Yes, but breaking a lease early can incur costs, such as rent until a new tenant is found or a break fee. Always check your lease agreement for specific terms.
3. How can I dispute a bond claim? If there's a disagreement on the bond refund, tenants can apply to the NSW Civil and Administrative Tribunal (NCAT) for resolution.

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