When you don't have a fixed-term tenancy agreement
If you do not have a tenancy agreement for a fixed term, or your agreement is about to expire, you have to give 28 days Notice of Intention to Vacate in writing. The notice must state what date you will be leaving the premises, and that date must be at least 28 days from the day the landlord receives the notice. This means that if you send the notice by registered or certified mail (rather than giving it personally) you must allow an extra 2 days for delivery. Keep a copy of the notice and the certified or registered mail receipt so you can prove you sent it. If you intend to leave before the 28 days is up, you should tell the landlord, and return the keys so that the premises can be relet earlier if possible. If other tenants can be found before the end of the 28 days, you will not be liable for rent after they have moved in.

In some circumstances, you only have to give 14 days notice that you intend to leave. This applies when

• the landlord has given you a 90-day Notice to Vacate for no reason
• the landlord has given you a 60-day Notice to Vacate (except a Notice to Vacate to end a fixed-term tenancy)
• you require special or personal care (eg in a nursing home) that you can't get at your rented property
• you have a written offer of public housing

You must give the same amount of notice regardless of whether your rent is paid weekly, fortnightly or monthly. You don't have to give notice on the date your rent is due. If you want to leave in the middle of a rental period, you should calculate how many days rent you owe and pay that amount for your last rental payment. For example, if you gave 28 days notice halfway through a monthly rental period you would only have to pay about 2 weeks rent for the next rental period. The amount can be calculated by figuring out your daily rental rate (your monthly rental times 12, divided by 365) then multiplying that by the number of days you will be in the property.

Note - it is illegal for you to refuse to pay your rent on the grounds that the landlord can use the bond as rent.

The tenancy ends when you have vacated the property and returned the keys. Make sure you return the keys on the day you leave, since you may still be considered to be in possession of the property (and liable to pay rent) until you give them back. See the Ending a tenancy leaflet for more information.

When you do have a fixed-term tenancy agreement
If your fixed-term tenancy agreement is about to expire, you can give 28 days or 14 days notice in writing, as explained above. If you intend to move out on the date that the fixed term ends, you must still give written notice. However, the date that you say you are going to end the tenancy cannot be earlier than the last day of the fixed term. This applies even when the landlord has given you a Notice to Vacate which expires on the last day of the fixed term.

See the Breaking a lease leaflet for more information on what you can do if you have a fixed-term tenancy agreement and you want to leave before the fixed term has expired.

When the landlord is in breach
If your landlord or agent is in breach of the Residential Tenancies Act 1997 or of a term of your tenancy agreement, you may be able to end your tenancy early. This applies if the landlord

• hasn't made sure the property was reasonably clean and vacant when you were supposed to move in
• doesn't make sure you have peace and quiet
• doesn't keep the property in good repair
• doesn't provide locks, or doesn't give you a key when they change a lock
• doesn't replace a faulty water appliance with an A-rated appliance

If the landlord has done any of these things, you can send them a Breach of Duty Notice. This notice tells the landlord they must fix the problem or (if appropriate) pay compensation within 14 days. If the landlord doesn't do so, you can apply to the Tribunal for a Compliance Order. If the landlord does not comply with the Tribunal order, you can send the landlord a Notice of Intention to Vacate for failing to comply with the Tribunal order. You should send the notices by certified or registered mail (allow 2 days for delivery). Keep copies for your records. For copies of these notices or assistance with your application for a Compliance Order, contact the Tenants Union or a tenant advice service.

Premises unfit for human habitation
If the property is destroyed, rendered unsafe or is unfit for human habitation, you can give an immediate Notice of Intention to Vacate. You will want to be sure the property does fit the Tribunal's idea of what is 'unfit for human habitation'. If the landlord claims this was not the case, you will need to go to the Tribunal and prove that the property was unlivable. Contact the Tenants Union for advice if you are in this situation.
For more information, contact the Tenants Union on % (03) 9416 2577.