Terminating a Residential Lease (Tas)

In Tasmania, residential tenancy law is governed by the Residential Tenancy Act 1997 (RTA). The RTA sets out the rights and responsibilities of lessors and tenants, including the ways in which a tenancy can be terminated. This page deals with terminating a residential lease in Tasmania.   

How can a residential lease be terminated?

Under the Tasmanian RTA, there are several ways a residential lease can be terminated.

These are:

• by agreement between the lessor and the tenant
• by a Notice to Vacate being served by the lessor
• by a Notice to Terminate being served by the tenant
• by an order of a court or of the Commissioner, or after the death of the tenant or the abandonment of the premises.

Terminating a fixed-term lease

Where a residential lease is for a fixed term, the landlord can terminate it before the end date only if the tenant has breached a provision of the RTA, such as by failing to pay their rent or causing damage to the property.

A tenant may also terminate a fixed-term lease on the basis that the landlord has breached the RTA such as by entering the property without giving the tenant notice, or by interfering with the tenant’s quiet enjoyment of the property. A tenant may also terminate a lease because the lessor has failed to do repairs within 28 days of being notified (if the repairs are not needed due to the fault of the tenant).

Either party to a fixed-term lease may terminate the lease at the end of its term. When the landlord does this, they must provide 42 days. notice to the tenant.  If notice is not given upon the expiration of a fixed-term lease, the leases automatically becomes periodic and continues until either party terminates it.

A tenant may apply to a court to terminate a fixed-term lease early on the basis that they are experiencing domestic violence and a Family Violence Order has been made.

Terminating a periodic lease

Where a lease is periodic (month to month), the tenant can terminate the lease at any time and for any reason provided they provide the lessor with 14 days’ written notice.

A landlord may end a period tenancy for the following reasons:

• because the premises are to be sold
• because the premises are to undergo significant renovations
• because the premises are to be used for a purpose other than a residence
• because the premises are to be used by a family member of the owner.

Termination by the lessor

If a lessor wishes to terminate a residential lease, they need to serve the tenant with a Notice to Vacate. This Notice must set out the reason/s the tenant is being asked to leave the property and the date by which they must vacate.

If a lease is being terminated because of a breach of the RTA, the tenant must be given 14 days’ notice. If a fixed-term lease is being terminated at the end of its term, the tenant must be given 42 days’ notice.

Termination by the tenant

If a tenant wishes to terminate a residential lease, they need to serve the lessor with a Notice to Terminate. This Notice must set out the reason for the termination and the date on which the lease is terminated. If a tenant terminates a lease because of a breach of the RTA, they must give the lessor at least 14 days’ notice.

If a tenant wishes to terminate a lease because of the lessor’s failure to carry out repairs, they must wait until at lease 28 days have passed since the lessor was notified of the need for the repairs.

Breaking a lease

If a tenant wishes to end a fixed-term lease before the end of the fixed term and there has not been a breach of the RTA by the lessor, they must break the lease, rather than terminating it.

When a tenant breaks a lease, they continue to be liable for the payment of rent until the lessor finds another tenant to replace them. However, the lessor is required to take reasonable steps to find a replacement tenants, such as advertising the property promptly and not unreasonably refusing applications. If another tenant is not found despite the lessor taking reasonable steps, the tenant who has broken the lease must continue to pay the rent until the date the leases finishes.  

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.