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Non-fixed Term Agreements
A non-fixed term agreement can be ended by the tenant telling the owner 2 days (at least) before they want to leave.
Fixed Term Agreements
A fixed term agreement can end early if the tenant and the owner agree to end it.
A fixed term agreement can end early if the owner does something to break the agreement. The tenant should tell the owner at least 2 days before they want to leave.
Non-fixed Term Agreements
A non-fixed term agreement can be ended by the owner giving the tenant a notice to vacate and giving 14 days (at least) notice of when they must leave.
Fixed Term Agreements
A fixed term agreement can end early if the tenant and the owner agree to end it.
A fixed term agreement can end early if the tenant does something to break the agreement. The owner should give the tenant a notice to vacate and give 14 days notice of when the tenant must leave.
Early Vacation and Abandonment
Early vacation arises where a tenant ceases to occupy the premises after having informed the owner of their intention to vacate the premises, but a notice to vacate or a notice to terminate has not been served.
A property is abandoned if:
The tenant will be liable to the owner for any loss arising from their early departure, subject to the mitigation of loss by the owner, after either of these events occurring.
The owner may apply to the Magistrates Court for an order declaring that the property has been abandoned.
If the court gives an order of abandonment, vacant possession is delivered to the owner from the date of the order and the tenant is liable to the owner for any loss arising from the abandonment.
The owner is to take reasonable steps to limit the loss which might arise from abandonment and loss of rent. Rent is payable only until the expiry date of the agreement, or the time when the agreement could lawfully have been terminated.
Disposal of Goods
If goods are left on a premises and apparently abandoned after the agreement has been terminated, the owner may dispose of the goods if they appear to have no value. If the owner disposes of goods they must sign a Statutory Declaration stating the means of the disposal.
If the value of goods appears to be less than $300, the owner may sell the goods. The owner must sign a Statutory Declaration detailing the method of disposal.
If the value of the goods appears to be more than $300, the owner may apply to the Magistrates Court for an order to sell the goods. The goods must be sold for the best price reasonably obtainable.
Proceeds of Sale
The proceeds from any goods which are sold can be used to pay any debts owed by the tenant to the owner and the costs of selling the goods. Any balance must be kept in an interest bearing account for a period of 6 months.
If the tenant does not claim the proceeds within 6 months, the balance must be paid to the Residential Tenancy Commissioner.
