How to give notice
Landlords may end a fixed-term lease before the end date by mutual agreement with the tenant. Agreements should be in writing. Otherwise, a landlord must give the tenant written notice.
Landlords may also end a periodic tenancy either by mutual agreement with the tenant, or by providing written notice. The same reasons and notice periods apply, as if a fixed-term lease were in place (see tables 1 and 2).
Landlords are advised to use the Notice to vacate to tenant/s of rented premised (Word, 760KB).
The notice to vacate (end the tenancy and leave the property) must be delivered to the tenant at the rented premises, either by:
- registered post
- electronic communication (such as email), if the tenant has given consent to receive notices and other documents this way, or
- hand (giving the notice personally to the tenant). If the tenant is unavailable, the landlord can leave the notice with a person who appears to be aged over 16 and residing or employed at the tenant's usual or last known home or business address.
The notice must:
- be addressed to the tenant
- give a specific reason, or state that no reason is given in the case of a 120-day notice
- be signed by the landlord (or their agent)
- allow the correct amount of time to give the notice
- give the date for the tenant to leave.
The timeframes for serving a notice to vacate under the Residential Tenancies Act 1997 differ, depending on the reason.
It is against the law to give a tenant a notice to vacate because they were exercising their legal rights, or saying they would do so.
Notice periods
The tables below lists the reasons a landlord may end a tenancy, either before the end of the lease (table 1) or when the lease ends (table 2).
Allow time for mail delivery
Allow for mail delivery times, which depend on:
- your delivery method
- where you are mailing your Notice to vacate form.
If the notice is being delivered by mail to a country area, you should factor in an extra two days in addition to standard delivery times. For more information about postal delivery options and times, visit the Changes to your letters service page on the Australia Post website.
To view tables which help calculate the total minimum days to allow, depending on the notice period required and the method of delivery, visit the Giving notices - Residential tenancies list page on the Victorian Civil and Administrative Tribunal website.
Before the lease ends: Reasons a landlord can ask a tenant to vacate
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Reason
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Minimum notice required
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The tenant or their visitor causes malicious damage to the premises or common areas.
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Immediate
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The tenant or their visitor put neighbours in danger.
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Immediate
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| The premises are unfit for human habitation, destroyed totally, or destroyed to the extent that they are unsafe. |
Immediate |
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The tenant owes at least 14 days’ rent.
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14 days
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The tenant has breached a Victorian Civil and Administrative Tribunal (VCAT) compliance order or compensation order.
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14 days
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The tenant has breached a duty owed under a duty provision for the third time (and has been given notice twice before to remedy the breach of that duty).
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14 days |
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The premises are being used for illegal purposes.
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14 days
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Other tenants are brought in without consent.
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14 days
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The tenant has not paid the bond as agreed.
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14 days
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The tenant has a child living at the premises when the agreement does not allow children.
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14 days
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The landlord is a government housing authority and the tenant misled the authority so they could be accepted as a tenant.
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14 days
|
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The tenant has engaged in a drug-related activity in public housing.
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14 days
|
Not before the lease ends: Reasons a landlord can ask a tenant to vacate
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Reason
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Minimum notice required
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The tenancy agreement has a fixed term or set end date and states that the tenant has rented the landlord’s own home and the landlord will occupy it at the end of the lease.
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14 days
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The landlord is a government housing authority and the tenant has unreasonably refused to seek or accept an offer of alternative accommodation.
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30 days
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Planned reconstruction, repairs or renovations (for which all necessary permits have been obtained) cannot be properly carried out unless the tenant vacates.
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60 days
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The premises are to be demolished and all necessary permits have been obtained.
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60 days
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The landlord wants to do something else with the premises (for example, use them for a business).
|
60 days |
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The landlord, a member of their immediate family (including parents and parents-in-law) or a dependant (who normally lives with the landlord) will be moving in.
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60 days
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The premises are to be sold or offered for sale with vacant possession immediately after the lease ends.
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60 days
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The premises have been sold and all sale conditions have been satisfied. If a property is sold and settled while under lease, the new buyer must be informed that the tenants will have occupation of the property until the end of the notice period, or until the end of their lease.
|
60 days
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A government authority owns the premises and needs them for public purposes.
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60 days
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It is the end of a fixed-term lease of less than six months.
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60 days
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It is the end of a fixed-term tenancy agreement of between six months and five years (short-term lease).
|
90 days
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| It is the end of a fixed-term tenancy agreement of more than five years (long-term lease) |
120 days |
|
The landlord is a government housing authority and the tenant no longer meets its eligibility criteria.
|
90 days
|
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No specified reason (short-term lease).
|
120 days
|
| No specified reason (long-term lease). |
180 days |