What you actually pay this month
Victoria does not use New South Wales' 4 / 3 / 2 / 1 week mandatory break-fee schedule. Autocomplete and some agents still quote "4 weeks" or "the new rules." Consumer Affairs Victoria (CAV) says there is no penalty. A renter who breaks a rental agreement covers the rental provider's reasonable costs so the provider does not lose money: lost rent until the property is re-let, advertising they actually paid, and a proportionate re-letting fee if an agent is used.
"They said I couldn't leave" is not how CAV describes it. You can give written notice of intention to vacate. You may owe those reasonable costs unless a no-cost reason applies. You are not required to stay until the fixed term runs out.
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Check whether a no-cost reason applies (table below). Those reasons are for renters of residential properties, not residents of rooming houses or caravan parks. You still give notice on the proper form.
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Put the end date in writing. CAV recommends the Notice of intention to vacate rented premises by renter (Word form on that page). Deliver it by post, email, or by hand. Allow for Australia Post times if you post it.
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Do not keep paying rent after it is re-let. The provider must do everything they can to re-let the property quickly. Once a new renter is in, the old renter does not keep paying rent. If you think you paid rent while someone else was living there, you can apply to VCAT to get that money back.
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Ask for the actual numbers, not a weeks-of-rent slogan. Advertising: only what was spent, and only if the property was advertised. Re-letting fee: the same proportion as time left on the agreement. CAV's example: a $500 re-letting fee with 6 months of a 12-month agreement left is $250. That is CAV's example, not a quote for your property. There is no official Victorian break-fee calculator.
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If the figure looks high, negotiate in writing. If that fails, Rental Dispute Resolution Victoria (RDRV) is a free option for many renting disputes, including bonds. CAV's break-lease page says you can apply to VCAT to decide whether the charges are fair. Do not rely on an old VCAT dollar fee. Check the VCAT fees page. VCAT fees changed on 27 June 2026.
Worked example
Sam has 6 months left on a 12-month Melbourne lease. The agent says the break fee is 4 weeks' rent and that Sam cannot leave. Sam gives written notice of intention to vacate and asks the agent to re-advertise. The property is re-let 3 weeks after Sam hands back the keys. Sam's rent for the empty period is those 3 weeks, not the rest of the 6 months, and not a separate 4-week penalty. If the agent's re-letting fee was $500, CAV's proportion example would be half ($250) because half the term is left. If the owner re-let privately with no agent and did not advertise, CAV says there is no re-letting fee and no advertising to pass on.
If the agent kept charging rent after the new renter moved in, Sam could apply to VCAT to recover the overlap.
When you can leave early without costs
CAV lists reasons a residential renter can end an agreement early without breaking it and without having to pay costs. You must still tell the rental provider, using the proper form, and give the minimum notice.
| Reason | Minimum notice |
|---|---|
| The property does not meet minimum standards before the renter moves in | Immediate |
| A long-term agreement was verbal or did not use the right form | 28 days |
| The rental provider refused disability modifications the renter asked for | 14 days |
| The renter needs special and personal care and must move to get it (evidence required) | 14 days |
| The renter is moving into social housing (evidence required) | 14 days |
| The renter needs temporary crisis accommodation (evidence required) | 14 days |
| The renter was given a Notice of intention to sell, unless the proposed sale was disclosed before the agreement | 14 days |
After a provider notice to vacate, a residential renter can give 14 days' notice. CAV says VCAT may still set lease-break fees if appropriate, for notices given because of major repairs, demolition, business use, the provider or family moving in, sale, public purpose, ending a fixed term, or public-tenant eligibility.
These no-cost and reduced-notice reasons are in section 91ZB of the Residential Tenancies Act 1997 (Vic) and on CAV's renter giving notice page.
Family violence
If you are experiencing family violence and need to change or end the rental agreement so you or your children can be safe, apply to VCAT. You can do this even if your name is not on the agreement. You can ask VCAT for a new agreement in your name without the person who has been violent, or for an order that lets you leave before the agreement ends without paying for breaking the lease. VCAT must hear the application within 3 business days, or no later than the next available day after that. See CAV's page on changing or ending the rental agreement because of family violence (section 91V of the Act).
Hardship
If an unforeseen change in circumstances would cause severe hardship if the fixed term continued, a party can apply to VCAT to reduce or terminate the agreement (section 91U). CAV's examples include loss of income, a serious medical condition, or a family tragedy. If a provider later applies for compensation because a renter left early, VCAT must consider whether the renter would have experienced severe hardship if the agreement had continued (section 211A).
Fixed terms longer than 5 years
For fixed-term agreements longer than 5 years, CAV says VCAT cannot order compensation of more than one month's rent for every 12 months remaining on the agreement, and can never order more than 6 months' rent.
Disputing costs (RDRV and VCAT)
Try to agree the figures with the provider or agent in writing first. CAV's break-lease page says that if you think the costs are too high, you can apply to VCAT, and that a provider can apply to VCAT if a renter refuses to pay. Separately, RDRV is a free alternative dispute resolution service offered by VCAT for many renting issues, including bonds. If RDRV cannot resolve a matter, it helps you go to VCAT. Hardship and family-violence applications go to VCAT. Check current VCAT fees rather than a dollar amount copied from an old page.
A renter still has the right to claim their bond after an agreement is broken. The RTBA pays when everyone agrees or when RDRV or VCAT orders it. See the related Victorian bond guide.
Where to get help
Consumer Affairs Victoria: 1300 558 181
Breaking a rental agreement
RDRV: rdrv.vic.gov.au (free)
VCAT: 1300 018 228
vcat.vic.gov.au
Current fees