90 Day Notice Of Termination Of Tenancy Template for Australia

A 90 Day Notice Of Termination Of Tenancy is a formal legal document that you use as a landlord or property agent to end a residential tenancy agreement in Australia. This notice gives your tenant 90 days to vacate the property and must comply with specific legal requirements under Australian tenancy legislation to be valid and enforceable.

When do you need this document?

You need this notice when terminating a periodic tenancy without specific grounds, such as when you want to sell the property, move back in yourself, or renovate extensively. It's also required when ending fixed-term leases that have transitioned to periodic arrangements. The 90-day period is commonly used in jurisdictions like New South Wales and Victoria for no-grounds evictions, though you should verify the exact notice period required in your state or territory. You cannot use this notice if the tenant has breached the lease agreement - in those cases, you would need a different type of termination notice with shorter timeframes.

Key legal considerations

Your notice must include specific information to be legally valid: the full names of all tenants, complete property address, exact termination date, and reference to the relevant legislation authorizing the notice. The notice must be properly served according to your state's requirements - typically by hand delivery, registered post, or email if previously agreed. You cannot terminate a tenancy during the first six months of a fixed-term agreement without grounds, and some states have additional restrictions during certain periods. Be aware that tenants have rights to challenge the notice through tribunal processes, so ensure your reasons are legitimate and documentation is complete. The notice must also comply with anti-discrimination laws and cannot be used to retaliate against tenants who have made legitimate complaints.

Legal requirements in Australia

Under the Residential Tenancies Act 2010 and similar state legislation, you must provide the correct notice period which varies by jurisdiction - typically 90 days for periodic tenancies without grounds. Your notice must be in writing and contain mandatory information including the specific date of termination, which must fall on the last day of a rental period. Some states require you to use prescribed forms or include specific wording, while others accept any written notice that contains the required elements. You must keep records of service and may need to file certain documents with state authorities. Electronic service is permitted in some jurisdictions under the Electronic Transactions Act, but you must have prior written agreement from the tenant. Privacy Act compliance is essential when handling tenant personal information throughout the process.