Immediate notice to vacate
If you receive an immediate notice to vacate you should contact us for urgent advice.
The rental provider can give an immediate notice to vacate:
- If the property is destroyed or unfit to live in [section 91ZL]
- If a renter, or their visitor
- caused serious damage, either deliberately or recklessly [section 91ZI]
- caused danger to neighbours, the rental provider, or agent, or a contractor or employee of the rental provider or agent [section 91ZJ]
VCAT requires substantial proof from rental providers in these cases.
Note that on this page sections in brackets, such as [section 91ZL], refer to sections in Victoria’s Residential Tenancies Act 1997. There are links to these in the Resources section near the end of this page.
For notices to vacate the rental provider gives for causing danger, VCAT must also consider guidelines issued by Consumer Affairs Victoria (CAV). The guidelines set out relevant case law and other factors that VCAT must take into account in deciding whether the behaviour resulting in the renter being give a notice to vacate is behaviour that caused danger to the safety of neighbours or others [section 330].
14-day notice to vacate
A 14-day notice to vacate can be given if a renter:
- Is 14 days, or more, overdue in their rent [section 91ZM]
- Was threatening or intimidating to the rental provider, or agent, or their contractor or employee [section 91ZK]
- Did not pay a bond where the rental agreement required them to [section 91ZN]
- Did not comply with an existing VCAT compensation or compliance order [section 91ZO]
- Assigned or sublet without consent [section 91ZV]
- Used, or allowed others to use, the property for an illegal purpose [section 91ZQ]
- Has breached their duty under the law and have received two previous breach of duty notices for the same breach [section 91ZP]
- Failed to comply with a term of their agreement prohibiting them from letting a child under 16 years of age live at the property [section 91ZT]
If the renter lives in public housing, in addition to the above, a 14-day notice to vacate can be given if they have:
- Committed an indictable offence on the property or common property [section 91ZS]
- Committed, or allowed other to commit, drug offences, such as trafficking, supplying, and cultivating [section 91ZR]
- Misled the rental provider about their eligibility for public housing [section 91ZU]
A rental provider can also give a 14-day notice to vacate if the property was their principal place of residence immediately before the rental agreement started, but only if:
- The rental agreement stated that they intended to move back in at the end of the renter’s first or second fixed-term agreement
- The notice is given before the end of the first, or second, fixed term in the rental agreement [section 91ZW]. Documentary evidence is required [section 91ZZO]).
28-day notice to vacate
A 28-day notice to vacate can be given if a renter kept a pet after the Victorian Civil and Administrative Tribunal (VCAT) made an order for it to be removed [section 91ZZG].
This only applies to pets brought into the property after new pet laws commenced on 2 March 2020. See our page Pets and your tenancy.
60-day notice to vacate – rental provider
A 60-day notice to vacate (other than a 60-day notice to vacate by a mortgagee) can only be given where there is no fixed-term tenancy agreement, or when the termination date on the notice – the date you have been asked to move out by – is on or after the end date of your fixed-term agreement.
This means the rental provider cannot make you leave your home before the end of your fixed-term agreement.
All 60-day notices to vacate must include documentary evidence from the rental provider to prove the reason in the notice to vacate is legitimate [section 91ZZO].
Reasons the notice can be given
A 60-day notice to vacate can be given if:
- The property is sold or offered for sale with vacant possession. Documentary evidence is required [section 91ZZB]
- A dependent family member who normally lives with the rental provider needs to move into the property. Documentary evidence is required [section 91ZZA]
A 60-day notice can also be given if the property is to be:
- Repaired, renovated or reconstructed, and this cannot be done without you moving out. Documentary evidence is required [section 91ZX]
- Demolished. Documentary evidence is required [section 91ZY]
- Used for a business instead of for renting. Documentary evidence is required [section 91ZZ]
A 60-day notice can be given to a renter in a public housing property if the property is needed for a public purpose. Documentary evidence is required [section 91ZZC]
6-month restriction on re-renting
If the rental provider gives a notice to vacate for the property to be demolished, used as a business or sold, and those things do not happen, they are not allowed to rent the property out again for 6 months unless they have permission from VCAT [section 91ZZH].
60-day notice to vacate – mortgagee
A mortgagee can give a 60-day notice to vacate if they have a mortgage (home loan) over the property, the mortgage was entered into before the rental agreement started, and they become entitled to possession of the property – for example, the rental provider has defaulted on their loan [section 91ZZK].
But they cannot give you a notice to vacate if they gave the rental provider permission to enter into a rental agreement with you. This permission could be express –stated in the agreement – or implied. That means that even if express permission was not given it can be implied if the mortgagee knew about the rental agreement and allowed it to continue without any objection.
If you are forced to vacate the rental property because of a notice to vacate by the mortgagee, you may be able to claim compensation from your rental provider. Seek advice in these matters.
60 or 90-day notices to vacate – end of fixed-term rental agreement
A 60-day notice to vacate –if you have a rental agreement for less than 6 months – or 90-day notice to vacate – if you have a rental agreement of 6 months or more– can be given to align with the end of your agreement if it is fixed term [sections 91ZZD and 91ZZDA].
If the rental provider wants to give you a notice to vacate that they want you to move out once the initial fixed-term rental agreement has ended, they need to make sure you are given the notice according to these time frames, which depend on the length of the agreement:
- If the rental agreement is for a fixed term of 6 months or more at least 90 days before the last day of the initial fixed-term rental agreement
- If the rental agreement is for a fixed-term of less than 6 months, at least 60 days before the last day of the initial fixed-term rental agreement
The termination date on the notice must be on or after the end date in your rental agreement. The rental provider cannot ask you to leave before your fixed term agreement ends.
If you decide to leave before your fixed term rental agreement ends you may still have to pay rent until the end date in your agreement.
90-day notice to vacate – public housing eligibility
A rental provider for public housing can give a 90-day notice to vacate if the renter no longer meets public housing eligibility criteria [section 91ZZE].