not renewing lease - how much notice?

[wish-ga]

Dear Friends
I have a tenant in my apt in Sydney. The lease runs out on 9 July 05. How much notice do I have to give them? I want to give my pm instructions in writing so I thought I would check with you good people.

Thanks in advance.

wish-ga

[knightm]

My landlord just gave us 60 days in Sydney) my places are in qld and I believe its only 30 days there(haven't used it yet though). Ask your pm if you have one or call the NSW RE Institute if you don't.

Regards, Matt

[knightm]

sorry that was 60 days for an increase, not an eviction, but I think the time frame would be the same.

[wish-ga]

Thanks Knight. I have been getting conflicting info from the PM which is why I thought I would ask here and then just give instructions to PM.

After I posted my q I saw that the lease says that notice when not renewing a fixed term should be 14 days. Seems a bit tight for someone to find a new joint. But if I give them too long do I open up a whole other can of worms (eg opportunity for malicious damage)

Just wondering.... :confused:

[JoannaK]

It is 14 days notice, and you're able to give it at any time up until the day the lease expires, otherwise it would be 60 days for a 'no reason' notice.

But, bear in mind that after a lease expires the tenants or landlords are not obligated to sign a new lease; the tenancy will revert to a continuing tenancy bound by the sames terms and conditions of the fixed lease.

Hope this helps.

[Hulkster]

Should say in the existing lease. When we moved out of rental place at our discretion is was 3 weeks. When a landlord wanted us to move out so they could move in, it was 4-6 weeks I think.

[Tim]

60 Notice of termination of fixed term agreement without any ground

(1) A landlord or a tenant may give notice of termination of a residential tenancy agreement that creates a tenancy for a fixed term during the currency of the term without specifying any ground for the termination.
(2) A notice of termination given under this section shall not specify a day earlier than 14 days after the day on which the notice is given or the day the term of the residential tenancy agreement ends, whichever is the later, as the day on which vacant possession of the residential premises is to be or will be delivered up.

http://www.legislation.nsw.gov.au/fullhtml/inforce/act+26+1987+FIRST+0+N#pt.5-div.2-sec.60

Timbo