End of lease agreement
Should you wish to end the tenancy at the expiry of your lease agreement, you are required to provide twenty eight (28) days’ notice in writing to our office. The twenty eight (28) days will commence from the first business day we receive the Notice to Vacate.
Periodic Tenancy (No longer a fixed term lease)
You are able to provide twenty eight (28) days’ notice in writing on a prescribed form at any stage after your lease end date. This notice may allow you to vacate at any date nominated by yourself.
Leaving Before Your Lease Ends (Breaking Your Lease)
You may find themselves in a situation where you need to vacate the property before the end of the lease. In this case, you are responsible for covering any loss suffered by the owner as a result. This includes paying for the cost of:
- All advertising incurred
- Pro-rata portion of the letting fee
- Rent until the property is re-let
We will help you through the process and commence searching for a new tenant for you as quickly as possible.
Assigning Your Lease to Another Person
If you find another person to take over the lease or would like a new flat mate to move in, you must seek the owner’s consent. The new potential tenant is required to go through an application process and be approved, as you did, prior to moving in. We promise to make this process quick for you! The names the bond is held in by RTBA will also need to be changed to ensure the bond claim process, when you eventually vacate the property, is a smooth one.
The Landlord has served Notice to Vacate
The owner has the right to serve you notice to vacate your property. The following table indicates the notice required in each circumstance:
|
Reasons a landlord can ask a tenant to vacate, but not before the lease ends |
Minimum notice required |
|
The tenancy agreement has a fixed term or set end date and states that the tenant has rented the landlord’s own home and the landlord will occupy it at the end of the lease. |
14 days |
|
The landlord is a government housing authority and the tenant has unreasonably refused to seek or accept an offer of alternative accommodation. |
30 days |
|
Planned reconstruction, repairs or renovations (for which all necessary permits have been obtained) cannot be properly carried out unless the tenant vacates. |
60 days |
|
The premises are to be demolished and all necessary permits have been obtained. |
60 days |
|
The landlord wants to do something else with the premises (for example, use them for a business). |
60 days |
|
The landlord, a member of their immediate family (including parents and parents-in-law) or a dependant (who normally lives with the landlord) will be moving in. |
60 days |
|
The premises are to be sold or offered for sale with vacant possession immediately after the lease ends. |
60 days |
|
The premises have been sold and all sale conditions have been satisfied. If a property is sold and settled while under lease, the new buyer must be informed that the tenants will have occupation of the property until the end of the notice period, or until the end of their lease. |
60 days |
|
A government authority owns the premises and needs them for public purposes. |
60 days |
|
It is the end of a fixed-term lease of fewer than six months. |
60 days |
|
It is the end of a fixed-term tenancy agreement of six months or more. |
90 days |
|
The landlord is a government housing authority and the tenant no longer meets its eligibility criteria. |
90 days |
|
No specified reason. |
120 days |
|
Reasons a landlord can ask a tenant to vacate before the lease ends |
Minimum notice required |
|
The tenant or their visitor causes malicious damage to the premises or common areas. |
Immediate |
|
The tenant or their visitor put neighbours in danger. |
Immediate |
|
The tenant owes at least 14 days’ rent. |
14 days |
|
The tenant has breached a Victorian Civil and Administrative Tribunal (VCAT) compliance order or compensation order. |
14 days |
|
The tenant has breached a duty owed under a duty provision for the third time (and has been given notice twice before to remedy the breach of that duty). |
14 days |
|
The premises are being used for illegal purposes. |
14 days |
|
Other tenants are brought in without consent. |
14 days |
|
The tenant has not paid the bond as agreed. |
14 days |
|
The tenant has a child living at the premises when the agreement does not allow children. |
14 days |
|
The landlord is a government housing authority and the tenant misled the authority so they could be accepted as a tenant. |
14 days |
|
The tenant has engaged in a drug-related activity in public housing. |
14 days |