Termination Notice

Official information by: NSW Fair Trading

How landlords or agents and tenants should serve a notice of termination of a residential tenancy.

Key information

• A tenancy agreement will usually be terminated by the tenant or the landlord giving notice to the other party, with the tenant vacating by the date specified in the termination notice.
• 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 is terminated (and by which the tenant will need to move out), and
  • include the reasons for termination (if applicable).
• Termination notices do not have to line up with the rent payment cycle.
• After a landlord gives a termination notice, they can give another notice on different grounds if necessary. For example, if a landlord gives 90 days notice to terminate a periodic tenancy without a reason, and the tenant then doesn't pay rent for 14 days, the landlord can give a termination notice for the non-payment of rent.
• In some cases, the landlord or tenant can apply directly to the Tribunal for a termination order without needing to issue a termination notice.

Templates for termination notices

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

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.

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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.

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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.

The best place to start is to carefully read the terms of the agreement.

If the correct procedures have not been followed by a landlord or agent when issuing a termination notice, tenants can lodge a complaint using NSW Fair Trading's online complaint service for further help to resolve the matter.