Giving notice to end a residential tenancy

Key information

• A termination notice is usually needed to end a tenancy agreement.
• Termination notices must include certain information. A sample notice is available on this page.
• Termination notices given by a landlord or agent also need to include a termination information statement, and may need supporting documents.
• Termination notices do not have to line up with the rent payment cycle.
• The NSW Civil and Administrative Tribunal (the Tribunal) can end a tenancy without a termination notice in some cases.

Termination notices

A termination notice must:

• be in writing
• be signed and dated by the party giving the notice
• include the address of the rented property
• state the day the tenancy agreement will end (when the tenant must be fully moved out)
• include the ground for termination (unless given by a tenant to end a periodic agreement or a fixed term agreement at the end of the term).

Download a termination notice template

A tenant or a landlord may write the notice themselves or use our templates:

• Sample termination notice for tenants
• Sample termination notice for landlords and agents

Termination information statement

A landlord or agent must give a termination information statement to the tenant together with any termination notice. 

The termination information statement sets out the landlord’s responsibilities and informs the tenant of their rights when a termination notice has been issued by the landlord. It must include information on:

• how tenancies can end under the Residential Tenancies Act 2010 (the Act)
• the details that must be in a termination notice
• what supporting documents or information must accompany terminations on certain grounds
• offences under the Act for termination on a ground that is not genuine and for giving false or misleading supporting documents or information
• the tenant's rights to apply to the Tribunal, and
• how to contact NSW Fair Trading.

Landlords and agents can use NSW Fair Trading's approved termination information statement. The approved statement provides all the required information.  
 

Ground for termination and supporting documents

A landlord or agent must provide the ground for the termination notice. 

Certain grounds also require additional documents or information to be given with the termination notice.

Learn more about what grounds a landlord can use to end a tenancy and what additional information is required.
 

Serving a notice

When serving a termination notice, it's important that the correct procedures are followed.

A notice or document can be given by:

• handing it to the landlord or tenant in person
• handing it to somebody aged 16 or over at the tenant's or landlord's residential or business address
• putting it in the tenant's or landlord's letterbox, at their residential or business address, in an envelope addressed to them
• posting it to the tenant or landlord at the address they have specified for receiving notices (e.g. care of an agent), or, if no such address has been specified, posting it to the tenant or landlord's last known residential or business address
• emailing it to the tenant, landlord or agent at the email address they have specified for receiving that notice or document when giving consent to service by email
• if the tenant or landlord is a corporation, emailing or posting it, or handing it to a person aged 16 or over at the corporation's address.

Where there are two or more tenants or landlords, the notice or document may be given to either one. It does not need to be given to both.

Keeping proof that a notice has been served

There is no need to prove that the notice was received by the other person, only that it was properly served.

However, it is good practice to keep a copy of each notice, including proof of the method used to serve it, and the date it was sent or handed to the person.

Amount of notice required

The amount of notice that needs to be given depends on the circumstances.

Different notice periods apply when a termination notice is served:

• from a tenant to end the tenancy agreement
• from a landlord to end the tenancy agreement.

See Minimum notice periods for more information.

How to count days for termination notices

Days in the notice period are calendar days, not working days.

All days of the week are counted, including weekends and public holidays.

The day on which the notice is served is not counted.

Note: If a termination notice is posted to a tenant, the landlord or agent must allow an extra 7 working days for delivery.

Example 1

If a tenant emails or hand delivers a 21-day termination notice on 1 February, the 21 days are counted starting from 2 February.

The 21st day is 22 February. If notice is sent by post, an extra 7 working days have to be added to the notice period. Weekends, public holidays and bank holidays are not counted in the 7 days that are added for notices that are posted.

Example 2

If a landlord posts a 14-day termination notice on Friday 1 February, the 7 working days for postage starts on Monday 4 February.

The notice is considered to have been served on Tuesday 12 February.

The first day of the 14-day notice period starts on Wednesday 13 and ends on Tuesday 26 February.

Giving more than one notice

After a landlord or agent gives a termination notice, they can give another notice on different grounds if necessary. For example, if a landlord gives 90 days’ notice to end a periodic tenancy because they will offer it for sale, and the tenant then doesn't pay rent for 14 days, the landlord can give another termination notice for the non-payment of rent.

If the notices have different termination dates to end the tenancy, the earliest date is applicable (provided the notice was given correctly).
 

Disputes about ending an agreement

Landlords (or agents) and tenants should try to resolve disputes together. This means they can reach an agreement between themselves, where possible.

If a tenant doesn’t move out by the termination date stated in a termination notice given by a landlord or agent, the landlord can apply to the Tribunal to have them evicted. The landlord or agent must follow the lawful process for eviction.

A tenant can apply to the Tribunal to challenge a termination notice if the landlord or agent has:

• not followed the correct process for giving a termination notice
• given false or misleading supporting documents with a termination notice, or
• ended the tenancy using a ground that is not genuine.

Landlords, agents and tenants can contact NSW Fair Trading for information about ending a tenancy. Tenants can also lodge a complaint using Fair Trading's online complaint service if their tenancy was ended using a ground that is not genuine or if they were given false or misleading information.