Moving Out: How to End a Rental Agreement

Make sure you are informed about how to end a rental agreement.

Are you going to stay for the length of your agreement?

Refer to your original contract or lease. It should state an end date. If it is a contract you should be able to give notice to your landlord equivalent to the frequency that you pay rent that you are moving out on the end date. Sometimes contracts will have a clause about the fee for ending the agreement early. If it is a lease this amount of notice is either 14 days (fixed term agreement) or 21 days (continuing agreement). Notice should be in writing. This does not include text messages and may not include email. It is best to send this by letter. Allow 4 days extra for mail to arrive.

What if you want to leave early?

This will usually cost you lots of money. If you have a lease agreement you will usually have to pay four or six weeks worth of rent, depending on what percentage of the agreement you have already completed. Sometimes you can find someone to take your place in the agreement to avoid paying all of this money. The replacement person has to be a “reasonable” replacement. For example, they need to have a similar capacity to meet rental payments and a good rental history.

If you’re under a contract you may need to pay the equivalent of the rent up to the end of the contract. Sometimes you can find someone to take your place in the contract or start a new contract, but that is completely up to the landlord.

When am I considered to have left?

You have only completely left your accommodation when the landlord (not another tenant) has received all copies of all of your keys and other door locking devices (like swipe cards). You also have to provide “vacant possession” which means all of your belongings have been moved out.

What if I want to move out and my housemates want to stay?

You will need to find a replacement for yourself. If you are on the lease or contract have that changed before you go. If you are on the lease, regardless of whether you live there, you are legally and financially liable for the condition of the premises. Make sure you keep a copy of the new lease or contract to show that you are no longer on there.

How do I get my bond or deposit back?

After you have moved out take photos to show the condition of the accommodation. This is to avoid disputes with the landlord’s assessment of the condition of your accommodation after you moved out. The cost of any repairs or cleaning will come out of the bond or deposit. The rest of your bond (leased property) should be returned in the form of a cheque or electronic transfer from the Department of Fair Trading. Deposits placed on contracted properties are less regulated. Make sure you have your receipt to prove that you did pay it in the first place. If there is any dispute about getting back this money talk to an SRC Caseworker.

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