Notice to vacate in rental properties
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.
A Notice to vacate is a formal statement that the rental provider wants to end the rental agreement. A rental provider can only give a notice to vacate for certain reasons, listed in the tables below.
Depending on the reason, a rental provider can issue a Notice to vacate:
- before or after the the end of the rental agreement
- immediate or within a stipulated notice period
- with or without evidence
| Reason | Evidence to be included with the Notice to vacate | Minimum notice required |
|---|---|---|
| The renter or their visitor intentionally or recklessly causes serious damage to the property, including safety equipment and common areas | n/a | Immediate |
| 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 | n/a | Immediate |
| The premises are unfit for human habitation, destroyed totally, or destroyed to the extent that they are unsafe | n/a | Immediate |
| The renter or anyone else living in the rental property seriously threatens or intimidates the rental provider, their agent, or the rental provider or agent’s contractors or employees | n/a | 14 days |
| The renter owes at least 14 days rent | n/a | 14 days |
| The renter has failed to comply with a VCAT compliance order | n/a | 14 days |
| The renter has already been given 2 breach of duty notices and the same breach occurs | n/a | 14 days |
| The property is being used for illegal purposes | n/a | 14 days |
| The renter has brought in other renters or sub-letters without consent | n/a | 14 days |
| The renter has not paid the bond as agreed | n/a | 14 days |
| The renter has a child under 16 years of age living at the premises when the rental agreement says this is not allowed | n/a | 14 days |
| The rental provider is a government housing authority and the renter misled the authority so they could get social housing | n/a | 14 days |
| The renter has been involved in a drug-related activity in public housing | n/a | 14 days |
| The renter is keeping a pet without consent and VCAT has made an order excluding the pet | n/a | 28 days |
| Reason | Evidence to be included with the Notice to vacate | Minimum notice required |
|---|---|---|
| A fixed-term agreement of 6 months or less is ending | n/a | 60 days |
| A fixed-term agreement of more than 6 months and less than 5 years is ending | n/a | 90 days |
| A fixed-term agreement of more than 5 years is ending | n/a | 90 days or notice period provided in agreement |
| (91ZW) The rental provider is planning to move in at the end of the fixed-term rental agreement. If this is the case, it must have been listed in the ‘additional terms’ section of the rental agreement. | Both of the following: the rental agreement (section 91ZW requires that this must be stated in the rental agreement); and a witnessed Statutory Declaration signed by the rental provider, confirming the date they intend to resume occupancy. | 14 days |
| (91ZX) Reconstruction, repairs or renovations are planned and cannot go ahead unless the renter vacates. All necessary permits have been obtained. | Both of the following: Photographic proof that repairs are required; and Contract with, or quotation from, a suitably qualified tradesperson for carrying out planned repairs, stating: the nature of the repairs required, the reasons why the premises need to be vacated by the renter in order to carry out the repairs, and an estimate of the length of time it will take to complete the repairs. Or the following: Building permit for repairs or renovation. | 60 days |
| (91ZY)The rental property is going to be demolished and all necessary permits have been obtained. | Both of the following: Planning permit for demolition; and Contract with a suitably qualified Builder-demolisher, stating the date that demolition will occur. | 60 days |
| (91ZZ) The rental provider wants to do something else with the property (for example, use it for a business). | The following: A witnessed Statutory Declaration of intention to use the premises for business purposes, including details of the particular business and stating that the premises will not be re-let as a residence before the end of 6 months after the date the notice was given. And one or more of the following: the ABN of the business; or Business registration or license; or Council planning permit. | 60 days |
| (91ZZA) The rental provider, a member of their immediate family (including parents and parents-in-law) or a dependent (who normally lives with the rental provider) will be moving in. | A witnessed Statutory Declaration signed by the rental provider, stating either: they intend to reside in the rented premises, or the name of the person who will occupy the rented premises, their relationship to the rental provider, and declaring whether the person is a dependent, and that the rental provider understands that they must not re-let the premises to any person (other than the person named to be moving in to the rented premises in the statutory declaration) for use primarily as a residence before the end of 6 months after the date on which notice was given, unless approved by VCAT. | 60 days |
| (91ZZB) The property is to be sold or put up for sale, and vacated immediately after the rental agreement ends | One of the following: Contract of sale, signed by the vendor and purchaser and dated; or Contract of engagement/authority to sell with a licensed estate agent; or Preparation of a contract of sale prepared by a conveyancer or an Australian legal practitioner. | 60 days |
| The property is being sold. If the property is sold and settled while rented, the rental provider cannot shorten the length of the rental agreement | n/a | 60 days |
| (91ZZC) A government authority owns the property and needs it for public purposes. | One of the following: Provision of acquisition details (public information); or Compulsory letter of acquisition from the government. | 60 days |
| The rental provider is a government housing authority and the renter no longer meets the criteria for social housing. | n/a | 90 days |
