A tenant has a 12-month fixed-term lease in NSW. With 80 days left, the landlord gives a valid 90-day notice on the proposed sale ground. The tenant finds another home and wants to leave in three weeks. What is her position?
Correct Answer
A) She can give an early exit notice of at least 14 days and pay no break fee
If a landlord gives a tenant in a fixed-term agreement a termination notice, the tenant may leave before the end of the term without penalty by giving an early exit notice with a vacant possession date at least 14 days after the notice. For fixed terms of more than 6 months, the notice can be given only in the last 90 days of the agreement. It cannot be used where the landlord's notice is for breach or because the property is unusable. Here, all conditions are met.
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