Rooming house owner giving notice to vacate

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How to give notice

A rooming house is a building where one or more rooms are available to rent, and four or more people in total can occupy those rooms.

Rooming house owners can end a residency by mutual agreement with the resident. Agreements should be in writing. Otherwise, an owner must give the resident written notice.

Note: if a person living in a rooming house has signed a valid fixed-term tenancy agreement, they are considered a tenant, which means that an owner must use the notice periods required for tenancies. For more information, view our Landlord giving notice to vacate page.

Rooming house owners are advised to use the Notice to vacate to resident/s of a rooming house (Word, 749KB).

The notice to vacate (end the residency and leave the rooming house) must be delivered to the resident at the rooming house, either by:

  • registered post
  • electronic communication (such as email), if the resident has given consent to receive notices and other documents this way, or 
  • hand (giving the notice personally to the resident). If the resident is unavailable, the owner can leave the notice with a person who appears to be aged over 16 and residing or employed at the resident's usual or last known home or business address.

The notice must:

  • be addressed to the resident
  • give a specific reason or state that no reason is given
  • be signed by the owner
  • allow the correct amount of time to give the notice
  • give the date for the resident 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 rooming house resident a notice to vacate because they were exercising their legal rights, or saying they would do so.

Notice periods

The table below lists the minimum notice period an owner must provide a resident, depending on the reason.

Note: from 4 January 2016, Australia Post has introduced three different speeds for mail delivery – express, priority and regular. Allow for mail delivery times which reflect the service you choose when sending a Notice to vacate a rental property.

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.

Reasons an owner can issue a notice to vacate

Minimum notice required

The resident or their visitors:

  • have acted violently
  • are putting others' safety in danger.

Immediately

The resident or their visitors cause intentional or reckless damage to the house.

Immediately

The resident owes at least seven days' rent.

2 days

The room is being used for illegal purposes.

2 days

The resident does not comply with a VCAT order.

2 days

The rooming house mortgagee gains possession of the rooming house.

28 days

The rooming house is for sale with vacant possession or other relevant condition.

60 days

The owner is doing maintenance or construction work and:

  • has received all relevant permits
  • needs an empty room to do the works
  • does not have an equivalent room available to provide the resident if other rooms not impacted.

60 days

No specified reason.

120 days

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