Ending a tenancy in NSW: All the current notice periods you need at a glance

December 5, 2022

When your client is purchasing a property with a tenancy, they often ask about the minimum notice periods a new owner must give the tenant to vacate. 

Here is a quick reminder of legislative notice periods, which you (or your client), as the new landlord, will have to honour once you settle on the property.

  • Month-to-month: Where a tenancy has ended, and the tenant is holding over on a month-to-month basis (periodic tenancy), the minimum notice period is 90 days. 
  • Month-to-month, where vacant possession is marked on the sale contract, the minimum notice period is 30 days.
  • Fixed term: Where there is a fixed term tenancy in place which is coming to an end, the minimum notice period is 30 days

As the new landlord, it is essential to remember that you cannot ask the tenant to leave before their minimum notice period has ended. If you do, the tenant may be able to take legal action against you.

It is also important to note that these minimum notice periods may be longer if specified in the tenancy agreement. If this is the case, you must give the tenant the notice specified in their tenancy agreement. 

If you have questions, please get in touch with our team of lawyers and conveyancers. We are always happy to help.

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