Breaking a lease in Australian Capital Territory: what it costs and how to do it

How much does it cost to break a lease in Australian Capital Territory?

Break-lease fee clause is MANDATORY in all new fixed-term agreements entered into from 10 December 2024 (Standard Residential Tenancy Terms cl 89A — moved from the optional Schedule 2 terms into Schedule 1 by the 2024 amendments). For fixed terms under 3 years: capped at 6 weeks rent if less than half the term has expired, otherwise 4 weeks; the amount is reduced by rent from any replacement tenant and the landlord must take reasonable steps to re-let. Agreements entered before 10 December 2024 without a break-fee clause: rent until a new tenant is found, capped at the lesser of the remainder of the term or 25 weeks rent, plus up to 1 week rent for re-letting administrative costs (duty to mitigate applies). No compensation in listed cases incl. family violence, significant hardship (via ACAT), accepted social housing or aged care offer (14 days notice), or an undisclosed sale within the first 6 months.

Worked example: You pay A$500 a week on a 12-month lease signed in 2026 and leave after 4 months (less than half the term) — the break fee is A$3,000 (6 weeks of rent — less than half of your term has elapsed).

Source: official ACT guidance on ending a tenancy early.

What will my break fee be?

Enter your rent and dates for an estimate under the Australian Capital Territory formula.

Does re-letting change what I owe in ACT?

In the ACT the landlord must take reasonable steps to re-let, and the break fee is a cap that is reduced by rent received from a replacement tenant. For agreements signed before 10 December 2024 without a break-fee clause, the older rules apply instead: rent until a new tenant is found, capped at the lesser of the remainder of the term or 25 weeks of rent, plus up to 1 week of rent for re-letting administrative costs.

When can I break my lease in ACT without paying?

No compensation is payable in listed cases including family violence, significant hardship (via ACAT), an accepted social housing or aged care offer (14 days’ notice), or a sale within the first 6 months that was not disclosed to you (Standard Residential Tenancy Terms, clause 89A).

How much notice do I need to give in Australian Capital Territory?

• Fixed-term agreement: 3 weeks written notice at or after the end of a fixed term.
• Periodic (rolling) agreement: 3 weeks written notice (Standard Terms cl 88–89); also 3 weeks if vacating before a rent increase takes effect.

Recent changes: No-cause evictions removed from 1 April 2023 — the first Australian jurisdiction to do so. The Housing and Consumer Affairs Legislation Amendment Act 2024 inserted the current rent-increase frequency limit (s 64AAA). From 10 December 2024, updated Standard Residential Tenancy Terms apply and a break-lease fee clause is mandatory in all new fixed-term agreements (previously optional; SRTT cl 89A). From 12 Oct 2025, posting clauses extend to spouses/domestic partners with no compensation payable.

Does the break clause in your lease match ACT law?

Landlords sometimes copy break clauses from other states or from old templates, and a clause that conflicts with Residential Tenancies Act 1997 (ACT), republication R84 (eff. 26 Nov 2025) + Residential Tenancies Regulation 1998 may not be enforceable. Upload your lease and LeaseLand checks the break clause — and every other clause — against your state's rules.

Where do I get official help in Australian Capital Territory?

• Official ACT guidance: ending a tenancy early
• Residential Tenancies Act 1997 (ACT), republication R84 (eff. 26 Nov 2025) + Residential Tenancies Regulation 1998 (legislation)
• Disputes: ACT Civil and Administrative Tribunal (ACAT)
• Free tenant advice: Tenancy Advice Service ACT (Legal Aid ACT, 1300 402 512)

Breaking a lease somewhere else?

More guides: renting in Australia as an international student · illegal and unfair lease clauses, state by state · check my lease