60 Day Notice To Terminate Tenancy Template for Australia

The 60 Day Notice To Terminate Tenancy is a legally required document that landlords, property managers, and real estate agents must use when ending certain types of residential tenancies in Australia. This formal notice provides tenants with the statutory minimum period to find alternative accommodation and prepare for relocation, ensuring compliance with state and territory residential tenancy legislation.

When do you need this document?

You need this notice when terminating periodic (month-to-month) tenancies where no specific end date exists, or when ending fixed-term leases at their natural expiry. The 60-day period is commonly required in many Australian jurisdictions, though some states may have different notice periods depending on circumstances. This notice is essential when you're selling the property and the new owner doesn't wish to continue the tenancy, when you need the property for personal use, or when conducting major renovations that require vacant possession. You cannot use this notice for terminations due to tenant breaches - those require different notice types with shorter timeframes.

Key legal considerations

The notice must be served correctly according to your state's Residential Tenancies Act, which typically allows personal service, registered post, or leaving it in a conspicuous place at the property. You cannot terminate a tenancy without proper grounds, and some states require specific reasons to be stated in the notice. The termination date must provide the full 60-day period from when the notice is properly served, not from when it's written. Be aware that tenants may challenge invalid notices through state tribunals, potentially leading to costs and delays. The notice must include all required elements such as property address, tenant names, termination date, and signature of the landlord or authorized agent.

Legal requirements in Australia

Under the Residential Tenancies Act 2010 and similar state legislation, the 60-day notice period is calculated from the day after proper service of the notice. The document must comply with prescribed forms where they exist, or include all mandatory information specified in the relevant Act. Electronic service may be permitted under the Electronic Transactions Act 1999, but only if the tenant has agreed to electronic communication. Privacy Act 1988 requirements apply to handling tenant information included in the notice. Some states have specific protections for certain tenant categories, such as those receiving government assistance or elderly tenants, which may affect notice periods. The Fair Trading Act 1987 governs the conduct of real estate agents serving these notices, requiring them to act fairly and provide clear information about tenant rights and available support services.