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Residential Tenancies Act 1997
36Termination
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36 Termination
Despite anything to the contrary in any territory law, a residential
tenancy agreement must not terminate or be terminated other than in
the following circumstances:
(a) if a fixed term agreement ends and the tenant vacates the
premises on or after the end of the agreement;
(b) if a party serves a termination notice in accordance with the
standard residential tenancy terms and the tenant vacates the
premises in accordance with the notice;
(c) if a tenant terminates the agreement and vacates the premises
under section 46A because the tenant has accepted aged care or
social housing accommodation;
(d) if the agreement is a fixed term agreement—the tenant
terminates the agreement and vacates the premises under
section 46B because the lessor is offering the premises for sale;
(e) if the ACAT terminates the agreement under division 4.3,
division 4.4 or division 6.5A;
(f) if a tenant terminates the agreement in accordance with
division 4.3A;
(g) if the ACAT makes a termination and possession order in
relation to the premises that are the subject of the agreement
under division 4.4 , division 4.5, division 6.5 or division 6.5A;
(h) if the tenant abandons the premises that are the subject of the
(i) if a person takes action in accordance with section 64;
(j) if the tenant and lessor agree in writing to terminate the
agreement and the tenant vacates the premises in accordance
with the agreement to terminate;
(k) if the tenant and the lessor are the same person;
(l) if—
(i) a party to the agreement repudiates the agreement; and
(ii) the other party accepts the repudiation; and
(iii) the tenant vacates the premises;
(m) for crisis accommodation—if the lessor—
(i) gives the tenant 4 weeks notice to terminate the agreement;
and
(ii) has given the tenant information about alternative
accommodation; and
(iii) needs the premises to use as crisis accommodation for
someone other than the tenant;
(n) if a party to the agreement terminates the agreement under
section 64AA because the premises are affected residential
premises;
(o) if a party to the agreement terminates the agreement under
section 64AB because the premises are an eligible impacted
property.
General Division 4.1