Under NSW law, there is no minimum or maximum length for a residential tenancy agreement. Fixed-term agreements can be for any duration, though 6 months and 12 months are the most common. Agreements can also be periodic (week-to-week or month-to-month) with no set end date.

A residential tenancy agreement should not be used for short-term holiday stays of less than 3 months. When a fixed-term agreement expires, it automatically converts to a periodic tenancy unless both parties agree to renew or end it. Landlords cannot require tenants to enter a new fixed-term agreement at the end of an existing one.