NSW Can I Break Lease a Few Days After Signing?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


6 October 2015
Under property law, can you break a lease a few days after signing it? Is there a cooling off period?


Well-Known Member
16 July 2014
Hi Moose

There won't usually be a cooling off period under a residential lease (which I am assuming yours is?) unless the actual lease document says so. I.e., there is no cooling off period implied by legislation.

Do you have a copy of the lease? I would look through this and look for details of a cooling off period. If there is none (which I suspect may be the case), then find the section that deals with termination of lease and states the ways in which the lease may be terminated. If, upon reading this section, you don't feel there are any avenues for you to terminate the lease easily then you may consider a more practical approach and talk to the agent direct to explain your situation.

The agent may want to charge you a re-letting/advertising fee or some other nominal fee for breaking the lease, but this can be negotiated between you and them.

Best of luck!


Well-Known Member
2 October 2015
A lease would not usually give you a cooling off period unfortunately. Once you have signed it is legally binding.

You would basically have two choices as talked about by Anna above - either continuing to lease or look to advertise a break lease situation and to get someone who would be able to take over your lease.

Why do you want to move already?