Notice to Vacate - Tenant

Ok, so you would like a sea change or your new home has been built and is now ready to move into…how do you go about giving notice to your landlord that you will be leaving?

If you wish to end the tenancy, you will need to advise the landlord in writing, make sure you give the appropriate notice and notice period and ensure your notice is delivered within a suitable time.

Your notice of intention to vacate must be in writing, be signed by you, give a reason why you are moving and state the date you plan to leave, taking into account and allowing for the amount of time required under notice periods.  It is also a good idea to include a forwarding address.

The notice period you will have to give your landlord will depend on the reason you are vacating and the type of lease you have.  Where you have a fixed term tenancy, the end date on the notice cannot be before the end date of the agreement.  In most cases, if you provide a date earlier than this, you are breaking the tenancy agreement and may be subject to fees.

If it is a periodic lease, 28 days notice is required but in some circumstances 14 days is sufficient in cases that you may require temporary crisis accommodation, you need specialist or personal care or you have been offered public housing.  For further details contact Consumer Affairs Victoria or VCAT.

There are several ways a notice of intention to vacate can be delivered.  You can either personally hand deliver it to the landlord/agent, leave it at their place of residents or business address or post it.  However, if you decide to post it, it is recommended you send it via registered post so there is proof of when and where the notice was sent.

Whether you are sending the notice by registered post or delivering it personally, you need to allow a certain number of days for it to reach the landlord/agent on top of the notice period.  How long you allow for postage or personal delivery will depend on the day of week you are sending or delivering 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, see “giving documents by hand or registered post” information sheet available from the VCAT website or contact VCAT directly.

It is very important that the strict guidelines for vacating and notice periods are adhered to. A dispute may arise and a tenant may end up at VCAT because they have given the wrong notice and/or notice period to their landlord/agent.

This is a very brief overview of, what can be quite a complicated process, when ending a tenancy agreement.  At One Agency Robert Mure, our Property Manager has years of experience in matters such as these and much more. She will assist both tenants and landlords to navigate through the often complex and complicated processes which can occur at the beginning, during and ending of a tenancy.

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Notice to Vacate - Tenant