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Can a landlord or owner move into a home they’ve rented out?

If the landlord or their family plan to move into the property you rent, they must give you at least 60 days notice to leave. 'Family' in this context means their partner, son, daughter, parent or parent's partner, or a dependant who normally lives with them.

If your lease is month by month, you will have 60 days to vacate the property. If you don't leave at the end of the 60 days, the landlord has 30 days from that date to apply for a possession order from the Victorian Civil and Administrative Tribunal (VCAT).

If you have a fixed term lease agreement, it can only be shortened if you and the landlord agree to this, or through an order from VCAT for reasons of severe hardship for the landlord. Otherwise, the landlord must give 60 days notice, however that notice cannot expire prior to the end of the fixed term of the lease.

As Victoria's consumer affairs regulator, we help landlords, agents and tenants understand their rights and responsibilities.

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Tenants and Landlords
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