There are limited circumstances in NSW where a lease can be broken without penalty provided the tenant gives at least 14 days’ notice and the tenant;
Has accepted an offer of social housing from Housing NSW
Are going into an aged care facility or a nursing home (not a retirement village)
The landlord has put the property up for sale and the tenant was not told prior to signing the lease that the property would be sold
Tenants can also give 21 days’ written notice to end an agreement early if they have a fixed term agreement of more than two years and they have been given a rent increase notice or if their co-tenant passes away.
Leases can also be broken without penalty if both the landlord and tenant mutually agree.
Another reason leases can be broken is if tenants need to escape the property due to domestic violence.
If a tenant is experiencing domestic violence, they can provide a domestic violence termination notice attached with any one of the following forms to the managing agent or landlord;
Certificate of conviction for the domestic violence offence
Family law injunction
Provisional, interim or final domestic violence order
Declaration made by a medical practitioner in the prescribed form
The tenant will also need to give each co-tenant a domestic violence termination notice but does not need to attach any supporting evidence. None of these need to be given in person.
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This information is of a general nature only and does not take into account your objectives, financial situation or needs. We are not financial, legal or tax advisers. You should seek appropriate professional advice specific to you before acting on this information.
