New South Wales Consolidated Acts
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RESIDENTIAL TENANCIES ACT 2010 - SECT 108
Death of tenant
108 Death of tenant
(1) On the death of the sole tenant under a residential tenancy agreement,
either the landlord or the legal personal representative of the tenant may
give a termination notice to the other person.
(2) The termination notice may
specify a termination date that is before the end of any fixed term of the
residential tenancy agreement if it is a fixed term agreement.
Tribunal may, on application by a landlord or the legal personal
representative of the deceased tenant, make a termination order if it is
satisfied that a termination notice was given in accordance with this section
and that vacant possession of the residential premises has not been given as
required by the notice.
(4) The legal personal representative of a deceased
tenant who is given a termination notice by the landlord may give vacant
possession of the residential premises at any time before the termination date
specified in the termination notice.
(5) The estate of the deceased tenant is
not liable to pay any rent for any period after the legal personal
representative gives vacant possession of the residential premises and before
the termination date.
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