Breaking a lease in New South Wales: what it costs and how to do it
What you can be charged for ending a fixed-term tenancy early in NSW, how much notice to give, and when you can leave without paying — based on Residential Tenancies Act 2010 No 42 (NSW).
LeaseLand provides general information about Australian tenancy law — it is not legal advice. For advice about your specific situation, contact your state's tenancy authority or a qualified professional. Facts on this page were checked against official sources on 2026-07-06.
How much does it cost to break a lease in New South Wales?
Mandatory break fee for fixed terms of 3 years or less (agreements signed after 23 Mar 2020): 4 weeks rent if less than 25% of the term has elapsed; 3 weeks if 25–50%; 2 weeks if 50–75%; 1 week if 75% or more. No fee in listed cases incl. domestic violence, social housing offer, aged care, landlord breach, or undisclosed sale.
| Portion of fixed term elapsed | Break fee |
|---|---|
| 0% – under 25% | 4 weeks of rent |
| 25% – under 50% | 3 weeks of rent |
| 50% – under 75% | 2 weeks of rent |
| 75% – 100% | 1 week of rent |
Worked example: You pay A$500 a week on a 12-month lease and hand back the keys after 4 months (about a third of the term) — the break fee is A$1,500 (3 weeks of rent — 33% of your term has elapsed (25–50% tier)).
What will my break fee be?
Enter your rent and dates for an estimate under the New South Wales formula.
This is an estimate based on the New South Wales formula, for general information only — not legal advice. Your lease and circumstances may change the outcome.
Assumptions: Fixed-term agreements of 3 years or less signed on or after 23 March 2020. The fee is mandatory — the landlord cannot claim more. No fee applies in listed cases including domestic violence, an offer of social housing, moving into aged care, landlord breach, or an undisclosed sale.
Formula source: official New South Wales guidance
Does re-letting change what I owe in NSW?
In NSW the break fee is mandatory and fixed by the formula for fixed terms of 3 years or less (agreements signed after 23 March 2020) — it does not grow if the property stays empty, and the landlord cannot claim more than the formula amount.
When can I break my lease in NSW without paying?
No break fee applies in the listed cases, including domestic violence, an offer of social housing, moving into aged care, a landlord breach, or a sale that was not disclosed to you when you signed.
How much notice do I need to give in New South Wales?
- Fixed-term agreement: 14 days notice to end at the end of the fixed term; 14 days if the landlord breaches; immediate in domestic violence cases.
- Periodic (rolling) agreement: 21 days notice.
Recent changes: Major reforms commenced 19 May 2025 — end of no-grounds evictions, new pet-request regime, fee-free rent payment. Once-per-12-months rent increases and the applicant-fee ban started 31 Oct 2024. Portable bonds ("Smart Rental Bonds", $25 transfer fee) are NOT yet live — launch expected mid-2026.
Does the break clause in your lease match NSW law?
Landlords sometimes copy break clauses from other states or from old templates, and a clause that conflicts with Residential Tenancies Act 2010 No 42 (NSW) may not be enforceable. Upload your lease and LeaseLand checks the break clause — and every other clause — against your state's rules.
Run a free lease checkWhere do I get official help in New South Wales?
- Official NSW guidance: ending a tenancy early
- Residential Tenancies Act 2010 No 42 (NSW) (legislation)
- Disputes: NSW Civil and Administrative Tribunal (NCAT)
- Free tenant advice: Tenants' Union of NSW
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
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