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Moving out of a rental property

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A notice to vacate is a formal statement that the rental provider wants to end the rental agreement.

A rental provider can only give a notice to vacate for certain reasons. Some of these reasons have specific evidence requirements. The rental provider must supply a form of evidence demonstrating that the reason they have given in the notice to vacate is genuine.

If a notice to vacate requires specific evidence that is not supplied, the notice is invalid.

For example:

  • The rental provider, a member of their immediate family or a dependent will be moving in.
  • Reconstruction, repairs or renovations are planned and can’t go ahead unless the renter vacates.
  • The rental property is going to be demolished, and all necessary permits have been obtained.

More information: Find the full list of reasons, minimum notice and evidence required.

A rental provider can only end a rental agreement early (before its stated end date) for certain reasons. For example:

  • The renter or their visitor intentionally or recklessly causes serious damage to the property, including safety equipment and common areas.
  • The renter or their visitor puts neighbours, the rental provider or the provider’s agent, or the rental provider or agent’s contractors or employees, in danger.

The minimum notice period for the allowable reasons varies from immediate, to 14 days or 28 days.

If the rental provider does not give one of the reasons listed on our website, the notice to vacate is not valid.

More information: Find the full list of reasons and minimum notice.

You and your rental provider can agree to end the rental agreement. It’s important to put this decision in writing. Include any agreed costs, terms and conditions and the date the agreement will end.

Threat of eviction: A rental provider or agent can’t evict you for using or intending to use your legal rights. They can only end your rental agreement for specific reasons. They must give you the required amount of notice and use the correct ‘Notice to vacate’ form. If you’re worried about getting a notice to vacate or being evicted, contact us for information and advice.

When a rental agreement ends, the rental provider or agent must complete the ‘Exit condition report’ section of the original condition report within 10 days.

You must be present when this happens, or have been given a reasonable opportunity to be there. ‘Reasonable’ means what most people would think is fair.

The exit condition report records the condition of the property at the end of the rental agreement.

Cleaning responsibilities

When moving out, you must leave the property:

  • reasonably clean
  • in the same condition as when you moved in, taking into account fair wear and tear.

If you signed a rental agreement from 29 March 2021, there are extra requirements for professional cleaning. Rental providers can’t ask you to get professional cleaning unless the property:

  • needs to be returned to the state it was in at the start of the rental agreement (allowing for fair wear and tear). For example, if it was professionally cleaned before you moved in, or
  • is in a state that requires professional cleaning.

Find more information on condition reports and cleaning responsibilities.

When a rental provider can claim the bond

Your rental provider can claim part or all of the bond for specific things, such as:

  • damage caused by you or your visitors (but not fair wear and tear)
  • cleaning expenses, if you haven’t left the property reasonably clean.

Find the full list of bond claims.

Process for claiming the bond

Before you move out, you and your rental provider or agent should:

  • try to agree on how the bond will be finalised
  • set out the agreed division in the bond claim form.

Only sign the bond claim form if it shows the amount you will receive back.

If the rental provider agrees, the Residential Tenancies Bond Authority (RTBA) can release your bond up to 14 days before the end of your rental agreement.

If you can’t agree on the bond

You can submit a bond claim form to the RTBA. The RTBA will then contact the rental provider, who has 14 days to apply to VCAT to dispute the claim.

If the rental provider does nothing, the RTBA will pay the bond to you.

If there is a dispute about the bond, you or the rental provider can apply to Rental Dispute Resolution Victoria (RDRV) for help.

RDRV will ask the rental provider to provide evidence for any claims they are making on the bond, and RDRV will review the details, discuss it with both parties and try to help you reach a fair outcome.

If an agreement isn’t reached, RDRV will help you with next steps, including how to ask for a decision by VCAT if necessary.

Find more information on bond disputes.

If you want to end your rental agreement, give your rental provider the required amount of notice.

If your rental provider wants to end your rental agreement, check that they’ve given you a ‘Notice to vacate’ in the correct written form. They must also give you the required amount of notice.

If both you and your rental provider want to end your rental agreement, put this decision in writing. Include any agreed costs, terms and conditions and the date the agreement will end.

Clean your rental property according to the requirements.

Your rental provider or agent must complete the ‘Exit condition report’ section of the original condition report within 10 days of the rental agreement ending.

Before you move out, you and your rental provider or agent should try to agree on how the bond will be finalised. You should also set out the agreed division in the bond claim form.

Sign the bond claim form after you have confirmed it shows the agreed amount you will get back.

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