Section 78 — Residential Tenancies Act 2010 (NSW)

(1) On the death of a co-tenant leaving one or more other co-tenants under a residential tenancy agreement, the remaining co-tenants may continue the tenancy or give the landlord a termination notice that has a termination date not earlier than 21 days after the day on which the notice is given.
(2) If a tenancy is continued under this section, the remaining co-tenants are taken to be the only tenants under the residential tenancy agreement on and from the death of the deceased tenant.
(3) This section applies whether or not the fixed term of the residential tenancy agreement has ended if it is a fixed term agreement.

Related sections

• s 75 — Consent to transfer of tenancy or sub-letting
• s 76 — Notice of sale of residential premises by landlord
• s 77 — Recognition of certain persons as tenants
• s 79 — Change of tenants after AVO
• s 80 — Definitions
• s 81 — Circumstances of termination of residential tenancies

Research how courts apply s 78

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.