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Non Renewal of Lease Notice
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Word
This professionally drafted Non-Renewal of Lease Notice template for Australia designed to help landlords and tenants terminate residential or commercial lease agreements in a legally compliant, clear, and efficient manner.
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What is a Non-Renewal of Lease Notice?
A non-renewal of lease notice is an official letter sent by the landlord or the tenant to notify the other party about their decision to not renew an ongoing residential or commercial lease agreement for the new term. This letter outlines key information, including the sender’s details, lease details and reasons for non-renal.
A professionally drafted notice of non-renewal template helps to terminate lease agreements in a professional and compliant way with Australian state and territory tenancy and lease regulations. This letter can be used to end various types of lease arrangements, including the following:
- fixed-term lease;
- ongoing leases;
- commercial and residential tenancy agreements.
Who should use this non-renewal of lease notice?
This non renewal of lease notice template can be a helpful legal tool for:
- property managers seeking a reliable letter template;
- first-time landlords looking for a fully compliant notice to inform about the non-renewal;
- private landlords looking for a draft letter for sending professional notice;
- tenants seeking a fully customisable non renewal of lease notice for personal use.
If the tenant plans to terminate the lease agreement due to reasons other than non-renewal, then the notice of termination by tenant should be used. When the landlord seeks a termination of the lease, a lease termination notice by the landlord should be used instead.
What does this notice of non renewal template include?
A standard non renewal of lease notice template must include certain core elements, such as:
- Sender’s Details. The text of the letter shall outline the full legal name, mailing address and contact details of the sender.
- Details of the Lease. The notice of lease non-renewal shall provide the full name of the lease contract, its date of signing, planned expiration date, and the reason for such a non-renewal.
- Additional Information. The text of the notice must clearly outline the reason for the non-renewal. It is also common to include a copy of the ongoing lease agreement for further reference. The sender’s contact details should also be attached to the letter should the recipient wish to further discuss this matter.
- Date & Signature. This notice must be dated and signed by the landlord or the tenant to become a legally binding document.
Legal Notice Period for Non-Renewal of Lease by State
Each Australian state and territory has its unique notice period parties have to comply with when ending the ongoing lease agreement because of non-renewal.
New South Wales
- Residential Lease. The minimum required notice period for the notice of non renewal of lease shall be at least 30 days. The notice period can be prolonged in the residential tenancy agreement.
- Commercial Lease. The notice period for non-renewal is defined directly in the commercial lease agreement.
Queensland
- Residential Lease. The notice period for termination of the lease due to non-renewal shall be at least 60 days. The parties can extend such a notice period directly in the contract.
- Commercial Lease. Provision of the commercial lease agreement can provide any notice period the parties choose.
South Australia
- Residential Lease. The minimum notice period is 28 days, but it can be extended by the provisions of the tenancy agreement.
- Commercial Lease. The notice period should be established by the parties directly in the contract.
Victoria
- Residential Lease. The notice period for the landlord’s notice of non renewal significantly depends on the circumstances of such non-renewal and can last between 60 and 90 days.
- Commercial Lease. The parties to a commercial lease are free to set any duration for the notice period.
Western Australia
- Residential Lease. At least a 30-day period of notice is required for non-renewal of residential tenancy, unless a longer notice period is established in the contract.
- Commercial Lease. Same as for all other Australian states and territories, the notice period can be set in the contract.
Tasmania
- Residential Lease. The maximum notice period for non-renewal is up to 42 days and can be further extended.
- Commercial Lease. The notice period is regulated exclusively by the existing lease agreement between the parties.
Australian Capital Territory
- Residential Lease. At least a 30-day period of notice is required for non-renewal of residential tenancy. There are no specific notice periods for commercial leases.
- Commercial Lease. The notice period is not governed by the statute and is outlined by the parties directly in the contract.
Northern Territory
- Residential Lease. The duration of the notice period is between 14 and 30 days depending on the ground of non-renewal.
- Commercial Lease. Same as for all other Australian states and territories, the notice period can be set in the contract.
How to customise a non renewal of lease notice with FasterDraft?
In order to customise this letter template, follow a few easy steps below:
- Click the “Create Document” button.
- Answer simple questions in the form.
- Select a template’s format – non renewal of lease notice PDF or word.
- E-sign the letter online.
- Make a payment.
The letter is ready for instant download immediately after the purchase.
Table of content
Frequently Asked Questions (FAQ)
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1. Do landlords need a reason to not renew a lease?
No. The inclusion of a reason for non-renewal is legally required in Australia, thus all tenants or landlords choose to include the reason to add some clarity. On top of that, the chosen ground for non-renewal significantly affects the notice period for some Australian states and territories such as Northern Territory, Victoria and Tasmania.
Moreover, in a situation when a non-renewal of lease notice by the landlord is being sent, it is common to include the reason since this information may be further required from the tenant from other landlords when submitting rental applications.
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2. Can a tenant refuse a non renewal notice?
No. As a general rule, a non-renewal of the contract is only possible if neither part opposes it within the notice period designated by the original lease agreement. If there is an opposition to the non-renewal by either party, and, provided such an opposition is communicated in compliance with the provisions of the lease agreement, in that case opposition by the other party is not possible.
However, in cases when a notice of lease non-renewal is sent not in compliance with the provision of the ongoing lease agreement, in that case another party to this agreement can refuse it, and in that case the agreement is being renewed.
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3. Is a non-renewal notice the same as eviction?
No. A non renewal of lease notice is being sent once the original contract expires soon, and one of the parties plans to inform the other about the non-renewal of the contract. This notice can be sent either by the landlord or by the tenant.
On the other hand, the eviction notice is a warning letter that is being sent by the landlord to inform the tenant about the eviction procedure. This type of notice is being sent when the lease contract has ended and the tenant has refused to vacate the property.
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4. Can I email a non-renewal notice in Australia?
The method of sending this non renewal of lease notice depends on the original lease or tenancy agreement between the parties. If the original contract allows sending official notices via email, in that case this notice of non-renewal can also be sent using the email address provided in the contract.
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