Ending a non-fixed term lease

Notice to vacate

A lease that has no fixed end date is called a non-fixed-term lease. It can be ended by a Notice to vacate when:

  • the tenant and owner agree to end the lease
  • the tenant gives the owner at least 14 days’ notice that they are ending the lease and moving
  • the owner gives the tenant at least 14 days’ notice because the tenant has breached the lease or caused a substantial nuisance
  • the owner gives the tenant at least 42 days’ notice that the property is to be sold, transferred to another person, significantly renovated, used as a residence by a member of the owner’s family, or no longer used as a rental property
  • a magistrate issues a Court order to end a lease or the property is due to be sold by a lending institution (eg a bank) in order to recover money owed by the owner, in which case at least 60 days’ notice must be given to the tenant.

What does significantly renovated mean?

Significantly renovated means the property would be unfit for the tenant to live in while the renovations are taking place; or, if the tenant were to stay at the property during the renovations, there would be a risk to the tenant’s (or their visitors’), or the renovator’s health or safety.

What does owner's family mean?

Owner’s family means:

  • the owner’s domestic partner, son, daughter or parent or
  • a parent of the owner’s domestic partner or
  • another person who normally lives with the owner and is wholly or substantially dependent on the owner.