Hi,
According to the fair trade website (NSW), the minimum period of the termination notice given by the landlord 30 days if the fixed term of the agreement is due to end.
My question is:
Does it mean the landlord needs to give the notice 30 days prior to the fixed term ending date?
Or, Can the landlord give the notice any day prior to the fixed term ending date and the tenants would have 30 days from when they receive the termination notice to vacate the property?Thanks in advance,
NSayan,
No a landlord cant break a lease early – http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Being_a_landlord/Ending_a_tenancy/Giving_a_termination_notice.page
It means if your 12 month fixed lease is due to end on the 30th of June 2015 you as the landlord must give notice that you wish them to vacate on the 30th BEFORE the 1st of June 2015.
BUT if the fixed term ends…..and then you roll over to a month to month lease then you need to give them 90 days eg lets say you get to the 1st of September and you never renewed the lease that expired on 30th of June.
If you gave them notice to terminate on 1st of September you couldn’t get the property back until 30th of November.
Thank you, Dean.
So from what you said (lease is due on the 30th of June), as a landlord, I cannot give the tenants a notice on the 15th of June and expect the tenants to vacate the property by the 15th of July?
Thanks,
SHi Sayan,
I’m not a solicitor….call the NSW FairTrading folks in the morning ….you pay taxes and that’s what they are there for :)……however, based on what I’m reading with the details written there……nope.
Basically if they gave you notice on the 15th of June the earliest they could ask you to vacate is 90 days later eg 15th of September.
Cheers :)
S
You must be logged in to reply to this topic. If you don't have an account, you can register here.
