Residential Landlord & Tenancy
14. Early Termination - Landlord
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 15 Sep 2015
- There are many situations in which a landlord may give a tenant notice to vacate.
- These situations are described in the relevant legislation in each state or territory of residence.
- The notice to vacate can be immediate or give directions to vacate within a certain timeframe.
- This will depend on the specific reasons that the termination of tenancy is being sought.
- Some examples of the kinds of situations in which a landlord has the right to issue an immediately effective notice to vacate can include:
- where a tenant or their guest has damaged the premises or common areas intentionally; or
- where a tenant or their guest has put other occupants, neighbours or neighbouring premises in danger and that danger is continuing.
- A landlord may give a longer-term notice to vacate:
- where a tenant owes two weeks or more of rent to the landlord providing certain conditions are met;
- where a tenant refuses to pay the bond amount;
- where a tenant or others permitted by the tenant are using the premise for an illegal purpose;
- where the tenant has failed to comply with an order given by a tribunal;
- where the tenant has sub-let the premises without landlord consent;
- where the tenant has breached a duty contained in the lease agreement or the legislation multiple times and the legislation entitles the landlord to give a notice to vacate to the tenant;
- where the landlord or family is to commence occupation of the premises;
- where the premises is going to be sold;
- where the premises are to be repaired, renovated or demolished; and
- many other reasons depending on the terms and conditions of your particular tenancy agreement.
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