Tenant FAQs: Vacating the Property

Tenant FAQs
Our Tenant FAQs provide clear, detailed information on everything from the application process to lease terms, inspections, and maintenance requests
  1. How much notice do I need to give my landlord/agent to vacate?

Under the NSW Residential Tenancies Act 2010, notice periods depend on your lease type and whether it’s ending or you’re breaking the lease early. For a periodic (week-to-week) tenancy, a 21-day written notice is required. For a fixed-term tenancy, a tenant must provide 14 days’ notice if vacating at the end of the term, providing the 14 days takes them to or past their lease expiry date.

  1. What if I want to end my lease early?

Ending a lease before its end date is known as “breaking the lease”. In NSW, you will be required to pay a break fee. The amount of the break fee will vary depending on how much is left of the agreement term. The fees are generally:

  • 4 weeks’ rent if less than 25 per cent of the agreement has expired
  • 3 weeks’ rent if 25 per cent or more but less than 50 per cent of the agreement has expired
  • 2 weeks’ rent if 50 per cent or more but less than 75 per cent of the agreement has expired
  • 1 week’s rent if 75 per cent or more of the agreement has expired.
  1. What are my responsibilities for cleaning and repairs?

Tenants are expected to leave the property in a reasonably clean condition. The property should be returned in the same state as when you moved in, accounting for fair wear and tear.

  1. What is ‘fair wear and tear’?

The term “fair wear and tear” refers to the expected deterioration that happens from normal use over time, like faded paint or worn carpets.

Tenants are not responsible for damage that results from fair wear and tear, but they are liable for damage caused by neglect or intentional actions.

  1. What happens to my first two weeks’ rent paid at the commencement of my tenancy?

The first two weeks rent you paid at the commencement of your tenancy was used for the first two weeks rent. Unlike the bond, it does not sit there to be used or refunded at the end

  1. Can I get my bond back immediately after vacating?

NO! Your bond is held by NSW Fair Trading and can be claimed after the final inspection.

If there are no damages or outstanding rent, you can apply for a full bond refund online.

If disputes arise over bond deductions, you will need to apply to NCAT to have the matter heard and decided.

  1. What happens if there’s a dispute about the bond?

If your landlord/agent requests deductions from your bond that you disagree with, you can refuse to agree to the deductions in the Rental Bonds Online system. NSW Fair Trading will guide you through a dispute resolution process, and if unresolved, the NSW Civil and Administrative Tribunal (NCAT) can be involved.

  1. What should I do about utility disconnections?

As a tenant, you’re responsible for disconnecting any utilities in your name by the final day of your lease. Arrange with utility providers to finalize accounts and avoid future bills for the property once vacated.

  1. When and how is the final inspection done?

The landlord or agent will typically conduct a final inspection after you vacate. It’s recommended to schedule this together to go through the condition report used at the start of your tenancy and address any discrepancies on-site. Otherwise, your property manager will complete and advise you if anything needs completing to finalise your bond. You will be given a timeframe of usually 24 hours to complete, or you can opt for the property manager to organise a trade to attend.

  1. What are my obligations for giving access for showing the property to new tenants?

You must allow access on a reasonable number of occasions in the last two weeks of your tenancy for the landlord or landlord’s agent to show the property to prospective tenants.

  1. How should I return the keys?

Return all keys, garage remotes, and security access cards by the agreed vacating date. These should be returned as directed by your property manager.

Related Blogs:

Changes to rental laws

Changes to rental laws

Key information What is changing? On 24 October 2024 the NSW Parliament passed the Residential Tenancies Amendment Bill 2024. The legislation is now the Residential

Read More »