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Using a Section 8 notice By failing to pay their rent, your tenant has broken the terms of their tenancy agreement, meaning you can serve them a Section 8 notice at any point in the tenancy. Your tenant may dispute the eviction, so you need to be ready with evidence of unpaid rent and your efforts to resolve the issue.
Under normal circumstances, when tenants don't pay rent, landlords have the option of terminating the tenancy (by serving the tenant with either a pay rent or quit notice or an unconditional quit notice, depending on the applicable laws).
In some circumstances, a tenant can break a fixed-term agreement early without penalty. A tenant can give 14 days' written notice to end an agreement early without penalty if: they have accepted an offer of social housing (e.g. from DCJ Housing)
The best approach is to try to come to an agreement with your landlord; if your landlord agrees, then you have mutually terminated the lease, and you should have no further obligation to pay rent. You should try to get any such agreement in writing.
The landlord can voluntarily agree to let you take back the notice, but would typically only do so if they either had not yet rented your rental unit, or could reach an agreement with the incoming tenant to accept an alternative rental unit.
Fails to pay rent; Violates a clause in the lease or rental agreement; Violates a responsibility imposed by law.
Can I break my lease? You are always able to break a lease; there is little a landlord can do to actually stop you from leaving before the full term specified in the lease. You are violating no law by vacating early, but you are violating the terms of the contract between you and the landlord.
Give the landlord/agent a written termination notice and vacate move out and return the keys according to your notice, and/or. apply to the NSW Civil & Administrative Tribunal (NCAT) for a termination order.
For one thing, it is illegal to lock a tenant not paying rent out of the rental property. You are also not allowed to cut off any utilities for the rental property to get the tenant to leave.If certain services are not provided by the landlord, a tenant has the right to not pay.