What to do now
Official form: Consumer Affairs Victoria, Notice to vacate to renter/s of rented premises. Clock: 90 days for most grounds (sale, renovations, owner moving in), 14 days for breach and rent arrears, or immediate for serious damage or danger. Tribunal: VCAT, no fee if contesting within the notice period, otherwise check current residential fee on the VCAT fees page.
If you are a tenant and received a termination notice from your landlord:
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Check the notice includes the required elements: written notice addressed to you, the reason (ground) for ending the tenancy, the termination date (the date you must leave by), the landlord's or agent's signature, and supporting documents (required for most 90-day grounds). If any required element is missing, the notice may not be valid.
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Count the notice period. The notice must give you at least the minimum number of days set by the Residential Tenancies Act 1997 (Vic). Allow for mail delivery times if the notice was posted. Common notice periods are 90 days (sale, renovations, owner moving in), 14 days (rent arrears, breach), or immediate (serious damage or danger).
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If you believe the ground is not genuine or the notice is defective, you can apply to VCAT to challenge it. Most people represent themselves. Apply online at VCAT Online Services or lodge a paper form. If you contest within the notice period, the application is free.
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If you do not vacate by the termination date and the landlord wants possession, they must apply to VCAT for a possession order. Landlords cannot forcibly evict tenants without a Tribunal order.
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Keep paying rent up to the termination date unless you have an agreement in writing to end earlier. Keep all documents: the notice, your lease, condition reports, photos, and any correspondence.
The Victorian no-grounds ban
Victoria has banned no-grounds terminations. A landlord (rental provider) can only end a residential tenancy for one of the valid reasons prescribed in the Residential Tenancies Act 1997 (Vic). This applies to all tenancy types: periodic (ongoing) tenancies and fixed-term agreements.
Before the ban, landlords could end a periodic tenancy or a fixed-term tenancy at the end of the term without giving a reason. That is no longer allowed. Every termination notice must now state a valid ground and, for most grounds, include supporting documents that prove the ground is genuine.
Valid grounds landlords can use
A landlord can only end a tenancy for one of the prescribed grounds in sections 205-231 of the Residential Tenancies Act 1997 (Vic). The most common grounds and their notice periods are:
Sale, renovations, or landlord moving in (90 days)
- Property is to be sold or put up for sale and vacated immediately after the rental agreement ends.
- Reconstruction, repairs, or renovations are planned that cannot go ahead unless the tenant vacates, and all necessary permits have been obtained.
- Property is going to be demolished and all necessary permits have been obtained.
- Landlord wants to do something else with the property (for example, use it for a business).
- Landlord, a member of their immediate family (including parents and parents-in-law), or a dependent (who normally lives with the landlord) will be moving in.
For these grounds, the notice period is 90 days for both periodic and fixed-term tenancies.
Each of these grounds requires supporting documents. For example, a contract of sale or an estate agent contract for sale, building permits for renovations or demolition, or a statutory declaration from the landlord for owner occupation. The Act and Consumer Affairs Victoria guidance specify what documents must be provided for each ground.
When a landlord ends a tenancy on certain grounds (sale, demolition, change of use, owner occupation), a re-letting restriction applies. The landlord cannot rent the property to a new tenant for 6 months after the notice was given, unless VCAT approves early re-letting.
Tenant breach or non-payment (14 days)
- The tenant owes at least 14 days' rent.
- The tenant or anyone else living in the property seriously threatens or intimidates the landlord, their agent, or the landlord's or agent's contractors or employees.
- The tenant has failed to comply with a VCAT compliance order.
- The tenant has already been given 2 breach of duty notices and the same breach occurs.
- The property is being used for illegal purposes.
- The tenant has brought in other tenants or sub-letters without consent.
- The tenant has not paid the bond as agreed.
- The tenant has a child under 16 years of age living at the premises when the rental agreement says this is not allowed (14 days).
- The tenant is keeping a pet without consent and VCAT has made an order excluding the pet (28 days).
For most of these grounds, the landlord must give 14 days' notice (or 28 days for an unauthorised pet after a VCAT order). These grounds can be used to end a fixed-term agreement early.
If the tenant does not vacate after the notice period, the landlord can apply to VCAT for a termination order. If the tenant can show at the hearing that they have remedied the breach or made progress toward fixing it, VCAT may decide not to terminate the agreement.
Serious damage or danger (immediate)
- The tenant or their visitor intentionally or recklessly causes serious damage to the property, including safety equipment and common areas.
- The tenant or their visitor puts neighbours, the landlord or the landlord's agent, or their contractors or employees, in danger.
- The premises are unfit for human habitation, destroyed totally, or destroyed to the extent that they are unsafe.
For these grounds, the landlord can give immediate notice and apply to VCAT for a termination order without waiting.
Planned move-in at end of fixed term (14 days)
If the landlord is planning to move in at the end of the fixed-term rental agreement and this was listed in the "additional terms" section of the rental agreement, the landlord can give 14 days' notice before the end of the fixed term. The landlord must include a statutory declaration with the notice.
What a termination notice must include
A termination notice given by a landlord must be in writing and include:
- The renter's address (the rental property)
- The reason the rental provider is ending the agreement (the ground)
- The termination date (the date by which the tenant must vacate)
- The landlord's or agent's signature
- Supporting documents (where required for the ground used)
The notice must be delivered to the tenant at the rental property by registered post, by hand (giving the notice personally to the tenant), or by electronic communication (such as email) if the tenant has consented to receive notices this way.
Allow for mail delivery times. If you are posting the notice, you must use registered post and allow enough time for the notice to be delivered.
Consumer Affairs Victoria publishes the prescribed form: Notice to vacate to renter/s of rented premises.
Challenging a termination notice at VCAT
If a tenant believes the ground in a termination notice is not genuine, that the notice was not given properly, or that the landlord has not followed the correct process, the tenant can apply to VCAT to challenge the notice. VCAT will consider whether the ground is genuine, whether the notice complies with the Act, and whether any supporting documents are valid.
Most VCAT hearings are informal and parties represent themselves. Apply online at VCAT Online Services or lodge a paper form. The hearing usually takes 30 to 60 minutes, and both parties present their evidence.
If VCAT finds the notice was given on a non-genuine ground or does not comply with the Act, the Tribunal can dismiss the application and the tenancy continues.
Where to get help
Consumer Affairs Victoria: 1300 558 181 (Mon to Fri, 9am to 5pm)
Notice to vacate in rental properties page
VCAT: www.vcat.vic.gov.au or 1300 018 228