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 renter or their visitor intentionally or recklessly causes serious damage to the property, including safety equipment and common areas List of reasons rental provider can ask renters to leave early Reason for notice to vacate before a rental agreement ends Read more about some of the common reasons rental providers give renters a notice to vacate: There are different timeframes for giving a renter a notice to vacate depending on the reason the notice is being given. If the rental provider does not give one of the listed reasons, the notice to vacate is not valid. Ending an agreement early – reasons and notice periodsĪ rental provider can only end a rental agreement early (before its stated end date) for one of the following reasons. Read more about what happens when a renter or rental provider dies. If there is only one renter in a property and they die, the rental provider can end the rental agreement by giving a notice to vacate to the deceased’s legal personal representative or next of kin. See more information on possession orders and evictions. If a renter does not leave after being given notice, rental providers can apply for a possession order. were given the notice as a result of family violence.įind out about challenging a notice to vacate.disagree with the reason given on the notice.believe it was not given to them properly.Challenging a notice to vacateĪ renter can challenge a notice to vacate if they: If you are delivering the notice by mail you must use registered post. The Australia Post website can help calculate delivery times.

It is important to allow enough time for mail to be delivered if you are posting the notice. where you are mailing your notice from.hand (giving the notice personally to the renter).Īllow for mail delivery times, which depend on:.

electronic communication (such as email), if the renter has given consent to receive notices and other documents this way.

The notice to vacate must be delivered to the renter at the rented premises, either by:

state the date the renter has to leave by (the termination date).

be sent with enough time for it to get to the renter.

be signed by the rental provider (or their agent).

give the reason the rental provider is ending the agreement.

Rental providers should use the Notice to vacate to renter/s of rented premises (Word, 760KB). There are additional rules for violent or dangerous behaviour in a rooming house or violent or dangerous behaviour in a caravan park.

puts neighbours, the rental provider or the provider's agent, or their contractors or employees, in danger.

intentionally or recklessly causes serious damage to the property, including safety equipment and common areas.

Rental providers can give a renter a notice to vacate immediately if the renter or their visitor does any of the following: If they do, they should record this in writing. The renter does not have to agree to leave. Agreement to leave without formal noticeĪ rental provider may ask a renter to leave without giving them a notice to vacate. In some situations, a rental provider can give a notice to vacate before the end of the rental agreement.Ī rental provider cannot give someone notice for doing something, or saying they will do something, they are legally allowed to do.įor example, a rental provider cannot give a renter notice to vacate for:Ī notice to vacate is not valid if it is unlawful discrimination.

They cannot give notice without a reason. A rental provider must provide a reason when they give someone notice to vacate. Other reasons for giving notice are not valid. These reasons are listed in the tables on this page. Rental providers can only give notice for certain reasons. Reasons rental providers can and cannot give notice Notice to vacate to site tenants in a residential park or village.Notice to vacate to caravan park residents.Notice to vacate to rooming house residents.Or, you can find information about renters giving notice or evictions on other pages. Notice at the end of an agreement – reasons and notice periods.Ending an agreement early – reasons and notice periods.Reasons rental providers can and cannot give notice.If a renter does not leave by the termination date in the notice to vacate, the rental provider can apply to VCAT for an eviction or possession order. A rental provider can only give a notice to vacate for certain reasons. When a rental provider (landlord) wants a renter (tenant) to move out of the property, they can either talk to the renter to reach an agreement or give the renter a notice to vacate.Ī notice to vacate is a formal statement that the rental provider wants to end the rental agreement.

Notice to quit