Minimum notice periods for ending a residential tenancy
The minimum notice period for ending a residential tenancy agreement depends on the type of agreement and the reasons for termination.
Major changes to rental laws started on 19 May 2025
The changes include requiring landlords to give a reason to end a tenancy and making it easier to keep pets in rental homes.
Laws to limit rent increases to once per year and to prevent extra charges at the start of a tenancy started on 31 October 2024.
Key information
- This page lists minimum notice periods for a termination notice to end a tenancy.
- These notice periods change depending on the ground being used to end the agreement, the type of agreement, and who gives the notice (landlord or tenant).
- For some grounds, the landlord or tenant can apply directly to the NSW Civil and Administrative Tribunal (the Tribunal).
- A landlord and tenant can also agree to end the tenancy at any time.
Notice periods for landlords to end a tenancy
Most grounds will require the landlord to give a termination notice to the tenant.
The termination notice must be given in advance and with a minimum amount of time (called a ‘notice period’). Landlords can choose to give a longer amount of time if they wish to.
Different notice periods will apply depending on the ground used to end the tenancy, the type of agreement the landlord and tenant have, and the length of that agreement.
Landlords cannot end a fixed term agreement early, except in special cases. These special cases are marked with an asterisk (*) and can have a termination date before the end of a fixed term.
| Ground for ending the tenancy | Fixed term agreement 6 months or less | Fixed term agreement more than 6 months | Periodic agreement |
|---|---|---|---|
| Proposed sale of property | 60 days | 90 days | 90 days |
| Significant renovations or repairs | 60 days | 90 days | 90 days |
| Change of use for the property | 60 days | 90 days | 90 days |
| Landlord or their family will move in | 60 days | 90 days | 90 days |
| Student accommodation | 60 days | 90 days | 90 days |
| Affordable housing scheme | 60 days | 90 days | 90 days |
| Transitional housing program | 60 days | 90 days | 90 days |
| Key worker accommodation scheme | 60 days | 90 days | 90 days |
| Actual sale of property | 30 days | 30 days | 30 days |
| Breach of agreement | 14 days* | 14 days* | 14 days |
| Non-payment of rent, water usage charges or utility charges | 14 days* | 14 days* | 14 days |
| Occupant remaining in property | 14 days* | 14 days* | 14 days |
| Social housing – tenant is no longer eligible | 60 days | 60 days | 60 days |
| Social housing – alternative premises refused | 30 days | 30 days | 30 days |
| Social housing – acceptable behaviour agreement breached or refused | 14 days* | 14 days* | 14 days |
| End of employee or caretaker agreement | Whichever is longer: 30 days, or the notice period specified in the employee or caretaker agreement | Whichever is longer: 30 days, or the notice period specified in the employee or caretaker agreement | Whichever is longer: 30 days, or the notice period specified in the employee or caretaker agreement |
| Death of a sole tenant | Immediate* | Immediate* | Immediate |
| Property is unusable | Immediate* | Immediate* | Immediate |
These are not the only ways for a landlord to end a tenancy. There are other grounds, including some that require an application to the Tribunal.
Learn more about the grounds for a landlord to end a tenancy.
Notice periods for tenants to end a tenancy
Most grounds will require the tenant to give a termination notice to the landlord.
The termination notice must be given in advance and with a minimum amount of time (called a ‘notice period’). Tenants can choose to give a longer amount of time if they wish to.
Different notice periods will apply depending on the ground used to end the tenancy, the type of agreement the landlord and tenant have, and the length of that agreement.
Tenants cannot end a fixed term agreement early, except in special cases. These special cases are marked with an asterisk (*) and can have a termination date before the end of a fixed term.
| Ground for ending the tenancy | Fixed term | Periodic | |
|---|---|---|---|
End of periodic agreement (This ground can be used to end a periodic tenancy for any reason) | N/A | 21 days | |
| Co-tenant ending their own tenancy | 21 days | 21 days | |
| Death of a co-tenant | 21 days* | 21 days | |
| Breach of agreement | 14 days* | 14 days | |
Non-disclosure of required information Learn more: What tenants need to be told about a rental property | 14 days* | 14 days | |
| End of a fixed term agreement | 14 days | N/A | |
| Early exit notice | 14 days* | N/A | |
| Early termination without penalty | 14 days* | N/A | |
| Rent increase | 21 days* (This ground only applies to fixed term agreements of 2 years or more) | N/A | |
| Domestic violence termination | Immediate* | Immediate | |
| Property is unusable | Immediate* | Immediate | |
Death of a sole tenant (This notice would be given by the tenant’s legal representative) | Immediate* | Immediate | |
These are not the only ways for a tenant to end a tenancy. There are other grounds, including some that require an application to the Tribunal.
Learn more about the grounds you can use to break a fixed term residential tenancy early.
Retaliatory eviction
If a landlord or agent gives a termination notice to end a tenancy when a tenant tries to enforce their legal rights (such as asking for repairs and in other circumstances), a tenant can apply to the Tribunal for an order that the termination notice was retaliatory and has no effect.
Learn more about retaliatory evictions.
Tenant's right to leave early after a landlord termination notice
Tenants who receive a termination notice from a landlord may leave the property before the termination date.
Under a periodic agreement, tenants may leave any time before the termination date. Tenants will not be required to pay rent after they have left the property.
Under a fixed-term agreement, tenants can provide the landlord with a minimum 14-day early exit notice.
Learn more about how to give an early exit notice.
Get help from NSW Fair Trading
Ask a question, get support, make a complaint, give feedback or get help with a dispute on matters relating to residential tenancies.
NSW Fair Trading call centre: 13 32 20
Monday to Friday, 8:30am-5pm