Ending a tenancy
Ending a fixed-term tenancy
A fixed term does not always end automatically: the correct notice, lawful reason and handover date still matter for both renters and managing parties.
Key facts
- A tenancy is a legally binding agreement
- The owner or agent usually uses Form 12
- The tenant usually uses Form 13
- Mutual early termination should be recorded in writing
Work out who is ending it and why
A property manager or owner generally gives Form 12; a tenant generally gives Form 13. The lawful ground determines the notice period and whether the agreement can end before the fixed-term date.
Do not assume the printed end date is enough by itself. Check the current form and RTA notice table, including extra delivery time where the notice is posted.
End-of-term notices can extend past the lease date
The RTA explains that an owner can give an end-of-fixed-term Form 12 up to the day before the term ends, provided the required notice is given. This can make the vacate date later than the date printed on the agreement.
If a tenant wants to leave at the fixed-term end, the applicable Form 13 and notice period still need to be checked. Record delivery and keep a complete copy of the signed form.
If both sides agree to end early
There is no RTA form for ending a tenancy by mutual agreement. Put the agreed handover date, rent position, keys, reletting or compensation terms and bond arrangements into a written document signed by everyone who needs to agree.
An informal promise that the lease is 'all sorted' may be difficult to prove later. Keep the written agreement separately from the bond claim and exit-condition evidence.
A fixed term has a date, but ending still needs a process
A fixed-term agreement is a contract for the period stated in it. Do not assume the tenancy simply disappears on the printed end date or that either party can leave early without consequences. Identify whether the agreement will end at the fixed-term date, continue as a periodic arrangement, be ended by notice or be replaced by a written renewal.
Read the current RTA Form 12 and Form 13 tables for the agreement type and ground. Keep the signed agreement, every notice, proof of service and any written discussion about renewal. A verbal statement that ‘we will probably move out’ is not a reliable ending record.
The lessor or agent usually uses Form 12
A lessor or agent can use Form 12 for the end of a fixed term, but the minimum notice period still applies. The RTA explains that the form can be given up to the day before the term ends and, for the ordinary end-of-fixed-term ground, the actual vacate date can be later than the printed agreement end date if the notice is served late.
Other grounds—such as rent arrears, a general breach, sale, owner occupation or significant repairs—have their own rules and some cannot end a fixed term early. Read the reason selected and do not assume one example applies to every Form 12.
The tenant usually uses Form 13
A tenant can use Form 13 to leave at the end of a fixed term or for a ground listed in the current RTA table. The notice period, date-counting rule and postal time matter. The day the notice is given is not counted for periods expressed in days, weeks or months, and a weekend or public holiday can affect the end of a period.
Leaving before the fixed term without a lawful ground or written agreement can be a break lease. Current agreements entered into on or after 30 September 2024 may use the statutory reletting-cost calculation for terms under three years. Ask for the calculation and mitigation evidence instead of accepting an unexplained penalty.
Record any early-ending agreement in detail
If both parties agree to finish early, put the exact handover date and financial position in writing. Include the final rent period, keys, inspection, utilities, advertising or reletting costs, bond process and whether either side releases another claim. A text saying ‘okay, leave Friday’ may not answer what Friday means for rent or the bond.
If the request is connected to domestic and family violence, non-liveability, an unremedied breach or a repair order, get advice before selecting an ordinary ending ground. A safer specialist process may exist, and the wrong form can change the notice date or leave a safety issue undocumented.
Work backwards from the handover
Once the ending date is clear, schedule cleaning, the exit report, meter readings, key return, final rent and the bond claim. Compare the property with Form 1a and retain the agreement and ledger. Ask how the final inspection will occur and keep a record of every lawful entry request after notice.
A fixed-term ending does not remove ordinary handover duties. Return every key and remote, keep proof of delivery and respond promptly to any bond Notice of claim. If the end date or notice is disputed, contact the RTA or QSTARS while there is still time to act.
Primary source checked
RTA — Ending a tenancy agreement