Can a retirement village operator make you leave the village?

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Removal from a non-strata title unit

The retirement village operator can cancel your contract and ask you to leave if you have:

  • a long-term contract and you have breached a term of the contract, and the retirement village operator has given you written notice that you have 28 days to either fix the breach or stop committing the breach. If you do not comply and the breach is substantial, the operator may give you a further written notice detailing the breach and ordering you to leave the village within 60 days
  • a periodic tenancy agreement and the operator gives you written notice to leave at the end of six months or at the end of the rent period, whichever is later.

A retirement village operator may also tell you in writing to leave the village within 14 days if:

  • your contract allows the owner to give you this notice, and
  • the owner has met any conditions in your contract that they must comply with before they can give such a notice, and
  • the notice includes a copy of a certificate stating that you need care unavailable at the retirement village. Two registered medical practitioners, as defined by the Medical Practice Act 1994, must sign this certificate. You must have nominated to agreed to at least one of the medical practitioners.

Removal from strata title retirement villages

The Retirement Villages Act 1986 does not allow a retirement village operator to terminate your occupancy when you own the title to your residence.

If you own the title to your retirement village unit, you should seek legal advice if a retirement village operator tries to make you leave. You can find legal practitioners through the Law Institute of Victoria's legal referral service.

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