A NSW tenant's rent has been unpaid for 16 days, and the agent gives a 14-day non-payment termination notice. Before the termination date, the tenant pays all the arrears. What is the effect?
Correct Answer
D) The tenant is not required to vacate, because all the rent owing was paid
Under the Residential Tenancies Act 2010, a landlord or agent may give a non-payment termination notice once rent, water usage or utility charges have been unpaid in breach of the agreement for at least 14 days, and the notice period is 14 days. NSW Fair Trading states that a tenant who receives such a notice is not required to vacate if they pay all the amounts owing or follow a repayment plan agreed with the landlord.
Why This Is the Correct Answer
Paying all arrears before the termination date means the tenant does not have to move out under that notice.
Why the Other Options Are Wrong
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A NSW tenant on a periodic agreement has repeatedly breached the agreement by keeping an unapproved business on the premises. What is the minimum termination notice for breach?
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