Notice to leave (Form R12)
Important: The RTA is going paperless and will cease bulk printing of all forms and publications from 1 January 2020.
The property manager/owner gives a Notice to leave to a tenant when they want them to vacate the property by a certain date.
The tenant can be asked to leave:
- during a periodic agreement (minimum notice applies)
- at the end of a fixed term agreement (minimum notice applies)
- if the property manager/owner has issued the tenant with a Notice to remedy breach (Form R11) and the tenant has not fixed the problem by the date on the notice
- at least 4 days after the notice (for non-payment of rent) or at least 2 days’ notice for any other breach, or
If the tenant has lived at the property for less than 28 days, they may be asked to leave immediately for non-payment of rent.
If the tenant has caused a serious breach, the property manager/owner can ask the tenant, in writing, to leave immediately.
If the rental property has been destroyed, or made completely or partly unfit to live in, the tenant can end the agreement immediately—within 1 month of the event.
Other time periods may apply (e.g. if the property can no longer be used as a residence).
If the tenant does not agree with the notice, they should try and resolve it with the property manager/owner. If agreement cannot be reached, the RTA’s free dispute resolution service may be able to help.
When serving notices by post, the sender must allow time for the mail to arrive when working out when a notice period ends.
|Failure to remedy general breach
|Failure to remedy rent breach – less than 28 days
|Failure to remedy rent breach – 28 days or more
|Property acquired compulsorily under a law
|Employment ends or entitlement to occupy under employment ends
|Mortgagee in possession
|Death of a sole resident
||7 days (parties can agree on an earlier date)
|Fixed term agreement
A tenant must be given at least 14 days notice, unless they have breached the agreement. The tenancy only ends on the end date of the agreement or the end date of the notice period (whichever is later). The tenant and property manager/owner can agree to end a fixed term agreement early (must be in writing).