Tenant giving notice of intention to vacate

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Reasons for leaving a tenancy and minimum notice periods

If you are a tenant and want to leave your rented premises, the table below shows the minimum notice period you need to give depending on the reason.

Note: Australia Post has 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 Australia Post website.

Visit the Victorian Civil and Administrative Tribunal website for help in calculating the total minimum days to allow, depending on the notice period required and the method of delivery.

Reason for leaving a tenancy Minimum notice required

Before you move in, the premises are:

  • not vacant
  • not in good repair
  • totally destroyed
  • partly destroyed and unsafe
  • unfit for human habitation
  • not legally available as a residence
  • not available for occupation.

Immediate

(You should advise the landlord of the problem and allow a reasonable time for a response before giving notice that you will not be moving in. This will help avoid a dispute later)

After you move in the premises become unfit for human habitation or are destroyed to such an extent that they become unsafe.

Immediate

The landlord has given you a notice to vacate because:

  • planned reconstruction, repairs or renovations cannot be properly carried out unless you vacate
  • the premises are to be demolished
  • the landlord wants to do something else with the premises (for example, use them for a business)
  • the landlord, a member of the landlord's immediate family or a dependent will be moving in
  • the premises are to be sold or offered for sale
  • a government authority owned the premises and needs them for public purposes
  • the landlord is a government housing authority and the tenant no longer meets its eligibility criteria
  • no specified reason.

14 days

However, if the lease is for a fixed term, the end date on the notice of your intention to vacate cannot be before the end date of the lease.

If you provide a date earlier than this, you are breaking the lease and may be subject to lease-break fees.

The landlord has breached a VCAT compliance order or compensation order.

14 days

The landlord 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).

14 days

You require temporary crisis accommodation.

14 days

However, if the lease is for a fixed term, the end date on the notice of your intention to vacate cannot be before the end date of the lease.

If you provide a date earlier than this, you are breaking the lease and may be subject to lease-break fees.

You require special or personal care.

Special or personal care means assistance with:

  • bathing, showering or personal hygiene
  • toileting
  • dressing or undressing
  • meals
  • physical help with mobility problems
  • supervision or assistance
  • supervision in dispensing medicine, and/or
  • substantial emotional support in a health or residential service.

14 days

However, if the lease is for a fixed term, the end date on the notice of your intention to vacate cannot be before the end date of the lease.

If you provide a date earlier than this, you are breaking the lease and may be subject to lease-break fees.

You are offered public housing.

14 days

However, if the lease is for a fixed term, the end date on the notice of your intention to vacate cannot be before the end date of the lease.

If you provide a date earlier than this, you are breaking the lease and may be subject to lease-break fees.

You are a public tenant and receive a 90-day Notice to Vacate because you no longer meet eligibility requirements.

14 days

However, if the lease is for a fixed term, the end date on the notice of your intention to vacate cannot be before the end date of the lease.

If you provide a date earlier than this, you are breaking the lease and may be subject to lease-break fees.

You have a written offer of public housing.

14 days

However, if the lease is for a fixed term, the end date on the notice of your intention to vacate cannot be before the end date of the lease.

If you provide a date earlier than this, you are breaking the lease and may be subject to lease-break fees.

You have been given a 60-day or 120-day notice to vacate by the landlord.

14 days

However, if the lease is for a fixed term, the end date on the notice of your intention to vacate cannot be before the end date of the lease.

If you provide a date earlier than this, you are breaking the lease and may be subject to lease-break fees.

Any other reason.

28 days

However, if the lease is for a fixed term, the end date on the notice of your intention to vacate cannot be before the end date of the lease.

If you provide a date earlier than this, you are breaking the lease and may be subject to lease-break fees.