Some tenants may wish to terminate their agreements if they have alternative housing options available. Any tenancy can be ended at any time by agreement between the landlord and tenant. If you cannot agree, your rights in relation to ending a tenancy will vary depending on whether you are in a fixed-term or periodic tenancy.
Terminating a periodic tenancy
If you have a periodic tenancy, you can terminate the agreement at any time (regardless of whether you are COVID-19 impacted) by giving the landlord at least 3 weeks written notice of your intention to vacate. The tenancy will end on the date specified (assuming that date is at least 3 weeks after the notice is provided).
You do not have to pay any compensation to the landlord if you decide to end a periodic tenancy. However, if you are in rental arrears, at the time you terminate your agreement you will still owe this money to your landlord.
You will need to go through the usual end of lease procedures in relation to an end of lease condition report and bond. Speak to your landlord or real estate agent about how this can be done in a way that complies with any social distancing requirements.
Terminating a fixed term tenancy
If you are in a COVID-19 impacted household, until 30 April 2021, you can give your landlord 3 weeks written notice that you want to end your fixed term tenancy early. You will also need to provide your landlord with some evidence that you are a COVID-19 impacted household. Evidence could include:
- proof of eligibility for JobSeeker or JobKeeper payment;
- proof of job termination or stand-down such a letter or email from your employer;
- proof of loss of work hours such as rosters showing a reduction in hours;
- proof of prior and current income in a bank statement or payroll; or a statutory declaration which sets out how you have been impacted.
Your landlord will not be able to charge you a ‘break-lease’ fee if you terminate your agreement in these circumstances. However, if you are in rental arrears, at the time you terminate your agreement you will still owe this money to your landlord.
You will need to go through the usual end of lease procedures in relation to an end of lease condition report and bond. Speak to your landlord or real estate agent about how this can be done in a way that complies with any social distancing requirements.
The ability for COVID-19 impacted households to terminate their tenancy in this way will remain in place until 30 April 2021. After that time, the usual rules under the Residential Tenancies Act 1997 will apply again and you may need to pay compensation or a break lease fee to your landlord if you want to end a fixed term tenancy early after 30 April 2021.