How can I break my fixed term lease?

To end your tenancy in one of these ways, you must:

1. give the landlord/agent a written termination notice and vacate – move out and return the keys – according to your notice, and/or.
2. apply to the NSW Civil & Administrative Tribunal (NCAT) for a termination order.

Can I leave a fixed-term contract early?

As with most employment contracts, you can usually leave a fixed-term contract early, but it will depend on your agreed terms. For example, a 12 month fixed-term contract may include a clause that allows it to be terminated at any time after the first six months on four weeks’ notice.

Can you break out of a fixed term tenancy early?

This clause allows for both parties to review the tenancy at a certain point in the tenancy, usually at the half of the fixed period. If you have a break clause in the tenancy agreement, you can terminate the tenancy early and so can your landlord.

Why is a fixed term tenancy agreement important?

Your fixed-term tenancy agreement is very important as it sets out your legal rights and responsibilities as the tenant and ours as the landlord. Your fixed-term tenancy agreement is a legal document and you should keep it in a safe place. What is a fixed-term tenancy?

Can you have a break clause in a tenancy agreement?

If you have a break clause in the tenancy agreement, you can terminate the tenancy early and so can your landlord. The break clause will have additional information about how much notice you must give and any additional details about ending the tenancy.

Can a tenancy be changed during a lockdown?

This means that if your fixed term expires during lockdown, you’ll be able to stay in your tenancy. These restrictions apply for an initial period of three months. Fixed-term tenancies can only be changed if the landlord and all the tenants agree. Any agreement should be in writing and should include what’s been agreed to.

This clause allows for both parties to review the tenancy at a certain point in the tenancy, usually at the half of the fixed period. If you have a break clause in the tenancy agreement, you can terminate the tenancy early and so can your landlord.

When to apply for break clause in tenancy agreement?

If your agreement says you can end your fixed term tenancy early, this means you have a ‘break clause’. Your tenancy agreement will tell you when the break clause can apply. For example your break clause might say you can end your tenancy 6 months after it starts if you give 1 month’s notice.

Can a tenant terminate a tenancy in the middle of a term?

If the tenant is in the middle of a fixed term, they can only terminate the tenancy early if the landlord agrees, or if there is a “break clause” in the Tenancy Agreement.

Can a landlord change a fixed term tenancy?

However there are some options available if landlords or tenants want to do this. Fixed-term tenancies can only be changed if the landlord and all the tenants agree. Any agreement should be in writing and should include what’s been agreed to. Both the landlord and tenants should keep a copy of this.