The short answer
A posting clause is an optional term in an ACT lease. If your lease includes it and you or your domestic partner are posted away from the ACT for work, you can end the lease by giving 8 weeks’ notice with written evidence of the posting, and no break lease fee applies.
The same clause lets your lessor end the lease with 8 weeks’ notice and evidence if they or their domestic partner are posted to the ACT. You can then leave earlier, on 2 weeks’ notice (or 4 days in the last 2 weeks). Posting clauses are only in your lease if you and your lessor both agreed to them.
What a posting clause is
Every ACT lease includes the standard residential tenancy terms in Schedule 1 of the Residential Tenancies Act 1997 (ACT). The posting termination clauses are different: they’re in Schedule 2, section 2.1, and they’re part of your lease only if you and your lessor agree to include them (section 8(1)(f)).
There are two clauses, and they work as a pair:
| Clause | Who’s posted | Who can end the lease | Notice |
|---|---|---|---|
| 102 | The lessor or the lessor’s domestic partner, posted to the ACT | The lessor | At least 8 weeks’ notice to vacate, with written evidence |
| 102A | You or your domestic partner, posted away from the ACT | You | At least 8 weeks’ notice of intention to vacate, with written evidence |
The clauses only work in those two directions. A tenant posted to the ACT, or a lessor posted away, can’t use them.
If you or your partner are posted away from the ACT
If your lease includes the posting clauses, clause 102A lets you end it when you or your domestic partner are posted away from the ACT “in the course of their employment”.
- Give written notice of intention to vacate, at least 8 weeks before the date you’ll leave. Include the address, the reason (the posting) and the date you intend to end the tenancy.
- Attach written evidence of the posting, such as a letter from the employer confirming its details.
- The lease ends 8 weeks after your lessor receives the notice, or on a later date if your notice states one. If you post or email it, allow time for it to arrive.
Rent keeps running until the lease ends. The ACT Government warns that you may need to pay the lessor if you leave before the 8 weeks are up, so plan your move-out date around the notice.
If you don’t move out on or before the date in your notice, the notice is treated as withdrawn and the lease continues (clause 102A(4)).
No break lease fee
When you end a fixed-term lease under a posting clause, the break lease fee doesn’t apply (standard term 89A(5) and the notes to clauses 102 and 102A). That covers leaving under clause 102A, and leaving early after your lessor’s posting notice under clause 102.
For leases entered into before 12 October 2025, the ACT Government’s guidance is less clear about compensation. If your lessor asks you to pay to leave under an older posting clause, get free tenancy advice before you agree.
If your lessor is posted to the ACT
Under clause 102, your lessor can end the lease if they or their domestic partner are posted to the ACT for work. They must give you:
- at least 8 weeks’ notice to vacate, and
- written evidence of the posting with the notice.
You don’t have to stay until the date in the notice. You can leave earlier by giving your lessor at least 2 weeks’ notice, or at least 4 days’ notice in the last 2 weeks before the lessor’s date (clause 102(3)). The tenancy ends on the day you move out, so you don’t pay rent on two homes for longer than you need to.
If you don’t move out, the tenancy doesn’t end by itself: your lessor would need to apply to ACAT for an order. A lessor also has other ways to end a periodic tenancy, covered in ending a tenancy.
When a posting clause matters
A posting clause matters during a fixed term. You don’t need one to leave a periodic tenancy, or at or after the end of a fixed term: in both cases you can give 3 weeks’ notice (standard terms 88 and 89).
Before you sign a fixed-term lease, think about whether you want the clauses in it. The Renting Book’s checklist asks new tenants to know whether their agreement has a posting termination clause. If you work somewhere that posts staff interstate, it gives you a way out of the lease. It also lets a lessor posted to the ACT end your lease early, with 8 weeks to find a new home.
Leases signed before 12 October 2025
The posting clauses were rewritten from 12 October 2025 by the Justice and Community Safety Legislation Amendment Act 2025 (No 3). The changes:
- domestic partners are now covered, not only the tenant or lessor;
- after a lessor’s posting notice, you can now leave early on 2 weeks’ notice (or 4 days in the last 2 weeks);
- a lessor’s notice now ends the tenancy on the day you move out, not on a fixed date;
- no break lease fee is now stated expressly for posting terminations.
The amending law has no transitional rule for older leases. The ACT Government’s Renting Book says that for agreements entered into before 12 October 2025, the posting clause only applies where the tenant or lessor themselves is posted. If you’re relying on an older posting clause, or your tenancy is periodic, get advice for your situation. See the renting law changes timeline for the other 2025 changes.
Disputes about a posting notice
If your lessor says your evidence isn’t enough, or a lessor’s posting notice looks doubtful, the Tenancy Advice Service can help you check it. Disputes about ending a tenancy go to ACAT.
Common questions
How do I know if my lease has a posting clause?
Look for a term called a posting termination clause, often near the end of the agreement or in a list of additional terms. It isn’t one of the standard terms built into every lease: it’s only there if you and your lessor agreed to include it. If you’re not sure, ask your agent in writing.
Does a posting clause only cover Defence and public service postings?
No. The clauses cover a posting “in the course of their employment” without limiting the type of employer. The Act doesn’t define “posted”, so if your situation is unusual, such as a temporary transfer or a new job rather than a posting, get advice before relying on the clause.
What evidence of the posting do I need?
Written evidence of the posting must go with your notice. The Act’s own suggestion is a letter from the employer confirming the details of the posting.
My partner is the one being posted. Does the clause still apply?
For leases entered into from 12 October 2025, yes: the clauses cover a posting of the tenant’s or lessor’s domestic partner. Under ACT law a domestic partner includes a spouse, a civil union or civil partner, and someone you live with as a couple. For older leases, the ACT Government says the clause only applies to the tenant or lessor themselves.
My lease is periodic. Do I need a posting clause to leave?
No. In a periodic tenancy you can end it with 3 weeks’ notice, which is shorter than the 8 weeks a posting notice needs. The same applies once your fixed term has ended. A posting clause matters during a fixed term.
What if I give posting notice and then don’t move out?
If you don’t move out on or before the date in your notice, the notice is treated as withdrawn and your lease continues.
Sources for this guide (5)
- Residential Tenancies Act 1997 (ACT), section 8, Schedule 1 clauses 88, 89 and 89A, Schedule 2 clauses 102 and 102A (republication R84) (ACT Legislation Register)
- Justice and Community Safety Legislation Amendment Act 2025 (No 3) (A2025-22), part 7 (ACT Legislation Register)
- Legislation Act 2001 (ACT), section 169 (domestic partner) (ACT Legislation Register)
- The Renting Book, January 2026 (ACT Government)
- Ending a tenancy (last updated 7 May 2026) (ACT Government)
This guide is general information about ACT renting law as at the date above. It isn’t legal advice. Laws and notices change and details matter, so check your own situation with a free advice service before you rely on it.
