My 19yo daughters lease agreement date ended approx four weeks ago. She has continued to pay rent from that date, but has now signed a new lease on another property with a different real estate. Her old real estate agent says that she must give 21 days notice before she vacates even though there is no current lease agreement. She can not afford to pay two separate lots of rent on two properties. The lease is up. Why can't she just hand the keys in and move out??????

rental tennacy act. look it up. the agent is right. it sucks but its the law. depending on how the relationship is and what the likelihood is of finding another tennant perhaps she can negotiate a deal, where the landlord is not out of pocket.

remember the reals estate agent is working for the landlord, not your daughter. Also put yourself in the owners shoes: they want to ensure that they maintain the income stream too.

https://www.tenants.org.au/factsheet-09-you-want-to-leave

regards
brendan

Hello Geraldine,

The answer to your question is that even when the lease is up (expired) it is on whats called a periodic tenancy and as such the law requires 21 days written notice by the tenants to terminate a periodic tenancy agreement which is the minimum notice required.So the property manager is correct on this occasion.

More information can be found on the Tenants Union Website ...

https://www.tenants.org.au/resources/all

Best of luck.