Some of the end of lease cleans I do are booked by renters who did not choose to leave. The owner is selling, or a son is moving back in, and a notice turned up by email with a date on it. By the time they call me they have usually accepted that date as fixed.
It often is. But a notice to vacate in Victoria is a legal document with rules attached, and a surprising number of them are missing something. Check yours before you start packing.
The reason has to be on the list
Consumer Affairs Victoria does not leave much room here. Rental providers can only give notice for the reasons in its tables, and:
“Other reasons for giving notice are not valid. A rental provider must provide a reason when they give someone notice to vacate. They cannot give notice without a valid reason.”
A no-reason notice at the end of a fixed term is not an option either. CAV says a rental provider cannot issue a notice to vacate at the end of a fixed term agreement without a valid reason.
There are also reasons that are ruled out. CAV’s examples are a renter who requested repairs, asked to have a pet, or challenged a rent increase. A notice given for doing something you are legally allowed to do is not valid, and neither is one that is unlawful discrimination.
The end-of-lease reasons, and how much notice each needs
These are the reasons you are most likely to see when the rental provider wants the property back. The notice period is CAV’s minimum.
| Reason | Evidence that must be attached | Minimum notice |
|---|---|---|
| Selling, or putting it up for sale | Signed and dated contract of sale, or an agent’s authority to sell, or a contract prepared by a conveyancer or lawyer | 90 days |
| Owner, their immediate family or a dependant moving in | Witnessed statutory declaration from each rental provider | 90 days |
| Owner moving in at the end of the fixed term, written into the agreement’s additional terms | The agreement plus a witnessed statutory declaration with the date they intend to move in | 14 days |
| Repairs or renovations that need the place empty | A building permit | 90 days |
| Demolition | Building permit for demolition and a contract with the demolisher showing the date | 90 days |
| Business use | Witnessed statutory declaration, plus an ABN, business registration or council planning permit | 90 days |
| Government authority needs it for public purposes | Acquisition details or a compulsory acquisition letter | 90 days |
CAV notes the 90 day periods were previously 60 days, so a notice worked out on the old number will be short.
Two more rules sit under that table. If you are on a fixed term, the termination date has to be on or after the end date in your agreement. And for a sale, CAV says the rental provider cannot shorten the agreement to use that reason.
Missing evidence means the notice is invalid
This is the part people skip. CAV is plain about it:
“If a notice to vacate requires specific evidence that is not supplied, the notice is invalid.”
So open the attachments. A sale notice with no contract, authority or conveyancer’s document is missing its evidence. A notice saying the owner’s daughter is moving in, with no statutory declaration, is too. For renovations CAV goes further and says only a building permit meets the requirement. A tradie’s quote on its own does not.
For sale, owner or family occupancy, demolition and business use, CAV also says the property must not be re-let as a residence for 6 months after the notice was given unless VCAT approves. If you see your old place back on a rental site a month after you leave, that is worth knowing.
How the notice has to reach you
CAV says the notice must be addressed to you, give the reason, be signed by the rental provider or their agent, and state the date you have to leave by. It has to be delivered to you at the property in one of three ways:
- registered post
- email or another electronic method, if you have consented to receive notices that way
- by hand
Ordinary mail is not one of them. CAV says a notice delivered by mail must go by registered post.
You have 30 days to challenge it
If the notice was not given properly, or you disagree with the reason, you can apply to VCAT. For the sale, repairs, demolition, business use, owner or family occupancy and government reasons, CAV’s deadline is firm:
“The renter or resident must apply to VCAT within 30 days of getting a notice to vacate”
Mark that date the day the notice arrives. CAV also warns that if the challenge is unsuccessful you may have to pay the rental provider’s VCAT application fee, so get advice first. CAV (1300 55 81 81) and Tenants Victoria both help with exactly this question.
Also worth knowing: CAV says a rental provider cannot personally evict a renter. If you do not leave by the termination date, their route is to apply to VCAT for a possession order, which can be enforced by police.
You can leave earlier than their date
This is the rule that saves renters the most money, and it is in the notice of intention to vacate guide too. If you have been given a notice for sale, major repairs, demolition, business use, owner occupancy or public acquisition, you only have to give 14 days’ notice yourself.
Their notice might say 90 days. If you find a new place in three weeks, you give 14 days in writing and go. You do not keep paying rent to the end of their date, and anything you paid past your last day comes back as rent in advance.
The bond does not change
Being asked to leave does not lower the standard for the bond. The property still has to be left reasonably clean, and the exit inspection is still measured against your entry condition report. What changes is that the agent will often start showing the place while you are still living in it, and the rules on that are in showing the property during the notice period.
From the cleaning side, the thing I would say is: pick your own leaving date first, then book the clean for the day after the removalist, not the day of. With 14 days’ notice available to you, you have more say over that date than it looks like when the letter first arrives.
The short version A Victorian notice to vacate needs a reason from CAV’s list, and sale, owner or family moving in, renovations, demolition and business use all need 90 days’ notice, up from 60. Those reasons also need evidence attached. If it is missing, the notice is invalid, and you have 30 days from receiving it to challenge it at VCAT. You can leave sooner than their date with 14 days’ notice of your own, and your bond is judged the same way as any other move out.
Frequently asked questions
Can my landlord end my lease without giving a reason in Victoria?
No. Consumer Affairs Victoria says rental providers can only give notice for certain listed reasons, that "Other reasons for giving notice are not valid", and that a rental provider "cannot give notice without a valid reason." That applies at the end of a fixed term too.
How much notice do they have to give if they are selling or moving in?
For sale, owner or family occupancy, renovations with a building permit, demolition, business use, or public acquisition, CAV lists a minimum of 90 days, up from 60 days previously. The exception is where the rental provider planned to move in at the end of the fixed term and wrote that into the additional terms of the agreement, which has a 14 day minimum.
What evidence has to come with the notice?
It depends on the reason. For a sale it is a signed contract of sale, an agent's authority to sell, or a contract prepared by a conveyancer or lawyer. For an owner or family member moving in it is a witnessed statutory declaration. For renovations CAV says only a building permit satisfies the requirement. CAV states that if a notice needs specific evidence and it is not supplied, the notice is invalid.
How long do I have to challenge a notice to vacate?
For the sale, repairs, demolition, business use, owner or family occupancy and government acquisition reasons, CAV says you must apply to VCAT within 30 days of getting the notice. There is no time limit for an immediate notice, although CAV advises applying as soon as possible. If your challenge fails you may have to pay the rental provider's VCAT application fee.
Do I have to stay until the date on their notice?
No. Consumer Affairs Victoria allows a renter who has been given a notice to vacate for sale, major repairs, demolition, business use, owner occupancy or public acquisition to give 14 days' notice of intention to vacate. If you find somewhere sooner, you can give that notice and leave, and your rent stops at your date, not theirs.
This guide is general information based on official sources current at the date shown above. Tenancy law differs by state and by agreement. For decisions about your own bond, check the official body linked above or get advice for your situation.
Keep reading
In Victoria a rental provider or agent can only list you on a tenant database after the lease has ended, and only if a breach left you owing more than the bond or led to a VCAT possession order. They have to warn you in writing and give you 14 days to object first. A listing is gone after three years at most, and sooner if you pay what you owe within three months.
In Victoria your bond has to sit with the RTBA, not in your landlord's account. If you paid the agent, they must lodge it within 14 days, the RTBA sends every renter a receipt with a bond number, and you can look the bond up online. Check it before you move out, because you need that bond number to claim it back.
In your last weeks the agent will want to bring through new renters, buyers or a photographer. Consumer Affairs Victoria sets 48 hours' written notice for showings, a 21 day window before your end date, a cap of twice a week for an hour, and $30 or half a day's rent for every sales inspection.