Notice period & Rent obligation

[LearningMan]

Question - I provided tenants with 60 days notice to vacate as we are selling IP in NSW. This notice was timed so it would take us out to Feb '09 before listing.

Now they have advised me that they wish to depart in 14 days leaving unit vacant during Xmas/ NY quite period.

Am I entitled to ask them to pay rent for the 60 days ?

 

[Lamingtons]

Just checked office of fair trading, the link is here.

http://www.fairtrading.nsw.gov.au/T..._a_home/When_you_move_out.html#Notice_periods

 

[Jacque]

Hi LM

If it's a continuing lease, which I assume it is given your amount of notice, then they have to give you 21 full days notice. Perhaps you should list so that the property is ready to sell just after Xmas?

 

[jaycee]

Why would the tenant have to pay 60 days ?

Correct as website shows, tenant can give 21 days. Tenant required notice period is shorter than landlord's required notice period on both fixed & periodic/continuing leases

 

[LearningMan]

Excellent ! Thank you so much for the quick responses !