Understanding Notice Periods and Tenancy Terminations in Tasmania

As a renter in Tasmania, it's important to understand the rules surrounding notice periods and tenancy terminations. Knowing your rights and responsibilities can help prevent disputes and make the process smoother if you or your landlord decide it’s time to end the rental agreement.

Notice Periods for Ending a Tenancy

In Tasmania, notice periods vary depending on the reason for ending the tenancy. Notice must be given in writing, and specific forms may be required to formalize the termination process. The Residential Tenancy Act 1997 governs these provisions.

Notice by the Landlord

• Without Grounds: A landlord can end a periodic lease without specific reasons by giving 42 days' notice.
• For Sale of Property: If the landlord sells the property, they must give at least 42 days' notice after a sale contract is signed.
• Breach of Agreement: If the tenant breaches the terms, the landlord may give 14 days' notice once a breach notice has been unresolved.

Notice by the Tenant

• Without Grounds: Tenants must provide 14 days' notice when ending a periodic lease.
• Breach by Landlord: Tenants can terminate with 14 days' notice if the landlord breaches the lease and does not remedy it.

Termination Procedures

Both landlords and tenants need to follow specific procedures when terminating a tenancy. Completing and submitting the correct forms is crucial.

Official Forms

• Notice to Vacate by Landlord: This form is used by landlords to officially notify tenants of the termination. It must be completed and delivered as specified in the Consumer, Building and Occupational Services (CBOS) Tasmania.
• Notice to End Tenancy by Tenant: Tenants can use this form to legally signify their intention to leave the property. This is essential in providing formal notice in line with the Residential Tenancy Act 1997.

Dispute Resolution

In cases of disagreements, the Residential Tenancy Commissioner in Tasmania handles tenancy disputes. You can visit their official website for more information on filing a complaint and steps involved in dispute resolution.

1. How much notice must a landlord give to terminate a tenancy in Tasmania? Landlords must give 42 days' notice without grounds, or 14 days for breach of agreement.
2. Can a tenant leave a lease early in Tasmania? Yes, tenants can end the lease by providing 14 days' notice, especially if the landlord breaches the agreement.
3. What to do if a tenant refuses to leave after notice in Tasmania? Landlords may need to apply to the Residential Tenancy Commissioner for a possession order if a tenant doesn’t vacate after notice.

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