Moving out of a rental property

The following information can help you in the process of moving out of a rental property.

You or the rental provider must give notice to end the rental agreement, even if it has a fixed end date.

Otherwise, the agreement will automatically continue on a month-by-month basis.

If you want to end the rental agreement

If you want to end the rental agreement, tell your rental provider or agent in writing that you want to leave the property. You can use our ‘Notice of intention to vacate rented premises by renter’ form. In most cases, the end date on this notice can’t be before the end date on your rental agreement.

Find more information about the renter giving notice.

Breaking the lease

If you have a fixed-term agreement and want to end it early (break the lease), you may have to pay fees and charges. There are only certain reasons you can end the lease early without having to pay.

Find more information about breaking a lease.

Your rental provider must give you a ‘Notice to vacate’ in the correct written form, including the reason for ending the agreement. The amount of notice they must give you depends on the reason they are ending the agreement. In most instances, they must give you 90 days’ notice.

Your rental provider cannot end a rental agreement without a valid reason, even at the end of a fixed-term agreement.

Find more information about notices to vacate.

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.

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.

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 about 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.

Your rental provider will usually start the bond claim process online with the RTBA. Only accept the bond claim if you agree with the amount you will receive back and all your repayment details are correct. You can ask for changes to the claim. 

Once everyone has accepted, the RTBA will usually repay the bond within one business day. 

You can also start the bond claim process directly with the RTBA. The RTBA will then contact the rental provider, who has 14 days to dispute the claim. 

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

Bonds transferred using the Portable Rental Bond Scheme (PRBS) 

If you used the PRBS to transfer your bond money to your next rental property, your previous rental provider can still make a claim against the bond.  

You can choose to dispute the claim through RDRV or VCAT as usual. 

Visit vic.gov.au/portable-bonds for more information

Bond disputes 

If there is a dispute about the bond, you or the rental provider can apply to 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 about bond disputes.