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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 324A
Death of sole tenant
324A Death of sole tenant
(1) If a sole tenant dies, the residential tenancy agreement ends on the
earliest of the following— (a) 14 days after the tenant’s personal
representative or relative gives the lessor written notice that the agreement
ends because of the tenant’s death;
(b) 14 days after the lessor gives the
tenant’s personal representative or relative written notice that the
agreement ends because of the tenant’s death;
(c) the day agreed between
the lessor and the tenant’s personal representative or relative;
(d) the
day decided by the tribunal on application by the lessor.
(2) However, if no
notice is given, or agreement or application is made, under subsection (1) ,
the residential tenancy agreement ends— (a) if the agreement is a short
tenancy (moveable dwelling)—2 days after the tenant’s death; or
(b)
otherwise—1 month after the tenant’s death.
(3) Nothing prevents the
withdrawal of a notice or application under subsection (1) so that a day may
be agreed under subsection (1) (c) .
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