Notice to Vacate - Landlord

A tenancy agreement can only be ended in accordance with the Residential Tenancies Act 1997.

If your landlord wants to end the tenancy they must give you a ‘Notice to Vacate’ in the correct written form and send it to you at the rented premises by registered post or give it to you in person.

We have listed a few examples below.  More information can be obtained from VCAT or Consumer Affairs Victoria. 

Before the tenancy agreement ends:

Under certain conditions, a landlord can legally end a fixed term or periodic tenancy agreement.

  • Malicious damage caused to property
  • Endangering neighbours
  • Property unfit to live in
  • Tenant owes at least 14 days rent
  • Premises used for illegal purposes
  • Bond not paid as agreed

After the tenancy agreement ends:

There are also minimum notice periods required if a landlord asks a tenant to vacate after the tenancy agreement has ended.

  • The tenancy agreementhas a fixed term or set end date and states that you have rented the landlord’s own home and the landlord will occupy it at the end of the tenancy agreement
  • Planned reconstruction, renovations or repairs (for which necessary permits have been obtained) cannot be properly carried out unless you vacate.
  • The property is to be sold or offered for sale with vacant possession immediately after the termination date of the tenancy agreement
  • No specified reason, but not just because you have been excersising your rights or saying you will do so

In some circumstances, a tenant can respond by giving a 14 day Notice to Vacate in return however, if you are on a fixed term agreement, the end date on your notice cannot be before the end of the fixed term.

Landlords who wish to send a Vacate Notice by registered post need to also allow for a certain number of days for it to reach the tenant at the rented premises. How long you allow for postage will depend on the day of week you are sending the notice, if there are any public holidays within the time period or if it is being delivered/sent to a country area.  For more information on delivering a notice, seegiving documents by hand or registered post” information sheet available from the VCAT website or contact VCAT directly.

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Notice to Vacate - Landlord