Ending a tenancy

Giving notice of intention to vacate

If a tenant wants to move out of a rental property at the end of a fixed-term tenancy or while on a periodic tenancy, they need to give the landlord notice of their intention to vacate. The tenant must provide notice at least 3 weeks before they move out.

A notice must be in writing and include:

• the address of the property
• details of the reason(s) for issuing the notice
• the date the tenant intends to vacate the property
• a statement that the tenancy will end on that date.

Ending a tenancy early

If the tenant and landlord agree, a tenant may be able to end a fixed-term tenancy early without having to pay compensation. This can occur at any time, if they both agree.

If a tenant wants to end their fixed-term tenancy early and the landlord does not agree, the tenant may need to pay compensation or a break lease fee.

A break lease fee may be included in some tenancy agreements. A break lease fee caps the amount the tenant must pay for ending the tenancy early.

There are certain reasons that a tenant can end a tenancy early without having to pay compensation. This includes where:

• the landlord has breached the tenancy agreement
• the tenant is experiencing significant hardship
• the tenant is ending the tenancy because they are moving into aged care or social housing
• the tenant has experienced domestic or family violence
• in certain circumstances where the property is for sale
• the property has been impacted by loose-fill asbestos.

If a tenant ends the tenancy early, landlords must take steps to find a replacement tenant as soon as possible. If they do not do this, they may not be able to claim compensation.

Leaving a co-tenancy agreement

Co-tenants can leave a tenancy either with the agreement of the other co-tenants and the landlord, or if there is an order by the ACT Civil and Administrative Tribunal (ACAT).

If a co-tenant leaves without agreement or an ACAT order, their responsibilities under the tenancy agreement continue until the tenancy ends.

A co-tenant can also leave a tenancy if they have experienced domestic or family violence. They don't need the agreement of the other co-tenants or landlord to do this.

When a landlord can end a tenancy

If a landlord wants to end a tenancy, they must give a reason recognised under the law. For example, landlords cannot end a tenancy because they want to increase the rent, and the tenant does not agree.

A landlord can end a fixed-term tenancy early if:

• the tenant has breached the terms of the tenancy agreement, for example by not paying rent
• the ACAT makes an order allowing them to end the tenancy, for example because of hardship
• the landlord uses the posting termination clause, if the posting clause is included in the tenancy agreement.

A landlord can end a periodic tenancy for the same reasons as they can end a fixed-term tenancy. They can also end a periodic tenancy if:

• the landlord intends to sell the property
• the landlord intends to rebuild, renovate or make major repairs to the property
• the landlord requires the premises for a lawful use other than as a home
• the landlord intends to live in the property
• someone with a close relationship with the landlord, such as an immediate family member, intends to live in the property.

Some other grounds may also apply.

There are rules about the minimum notice period a landlord must give a tenant for ending a tenancy. The minimum notice period depends on the reason they are ending the tenancy.

Read more about tenancy termination grounds for landlords [PDF 306 kB].

Leaving the property

Before a tenant leaves a rental property, they should:

• remove all their items
• ensure the property is in the same state of cleanliness and repair as at the beginning of the tenancy, some wear and tear is excepted
• contact the utilities companies and disconnect all services in their name
• update their mailing address with any organisation that sends them mail
• return all the keys at the final inspection
• give the landlord a forwarding address.

Final inspection and condition report

A landlord and tenant must carry out a final inspection together. The purpose of the final inspection is to check the property against the condition report signed when the tenant moved in. The property should be in the same state of cleanliness and repair as at the beginning of the lease. Some wear and tear is excepted.

Tenants should check the condition report before signing it. If the tenant is responsible for damage to the property, they are responsible for either:

• fixing the damage
• paying the cost of having it fixed.

Any agreement about fixing damage to the property should be recorded in writing.

Tenants and landlords don't need a final inspection report if they are going to sign a consecutive tenancy agreement.

Releasing the bond

Once the tenancy ends, tenants or landlords can make a request for a bond refund from the ACT Revenue Office.

A landlord can claim deductions from the bond for:

• damage to the property caused by the tenant
• replacing keys or changing locks if the tenant fails to return all sets of keys
• any rent owing.

If a landlord makes a claim on the bond they must complete and sign a bond release application. The application must contain both:

• a written statement of the reasons for the deduction
• a written estimate of the cost of repairs or restoration.

A tenant will be told by ACT Revenue Office if the landlord is claiming all or part of the bond. If the tenant does not agree, they can dispute this and the dispute will be referred to ACT Civil and Administrative Tribunal (ACAT).

Read more about what happens when a dispute is referred to ACAT.