Ending a tenancy agreement
If you want to end the tenancy:
- Advise your landlord or agent in writing if you want to leave the property.
- Make sure you give the appropriate notice.
- Ensure that your notice is delivered within a suitable time.
If your landlord wants to end the tenancy:
- They must give you a ‘Notice to Vacate’ in the correct written form.
- The notice must be sent to you at the rented premises by registered post, or given to you in person.
There are three main ways to end a tenancy:
- All the parties can agree to end the tenancy.
- Your landlord gives you a valid ‘Notice to Vacate’.
- You give notice to your landlord that you intend to vacate.
Even if a tenancy has a fixed end date, notice must be given to end it.
Ending a periodic tenancy
In most cases, you must give your landlord 28 days’ written notice if you intend to end a periodic tenancy. (A periodic tenancy is a tenancy agreement that runs from week to week or month to month.)
Notice of Intention to Vacate
To give formal Notice of Intention to Vacate, you can write a letter to the landlord. In the letter, state the date you intend to move out and sign it.
An alternative to writing to your landlord is to fill out a Notice to Landlord. This form is available from Consumer Affairs Victoria or the Tenants Union.
You can deliver the notice in person or send it by registered mail (keep a copy of the notice and your mail receipt).
If you send the notice by mail, allow an extra 2 business days for delivery.
- tip Return the keys on the day that you move out. As long as you have the keys you can be charged rent.
14-day Notice of Intention to Vacate
You can give your landlord a 14-day Notice of Intention to Vacate if:
- your landlord has given you a 60- or 120-day Notice to Vacate
- you have a written offer of public housing
- you require special or personal care (eg you need to move into a nursing home)
- you are going into temporary emergency accommodation
To give a 14-day Notices of Intention to Vacate you must be on a periodic lease or at the end of your fixed term.
Moving out before the notice period is up
You can move out before the 14 or 28 days are up (whichever applies to you), but you should tell your landlord and return the keys so the property can be re-let.
Unless your landlord fi nds tenants to move in before the 14 or 28 days have passed, you will be responsible for the rent. If new tenants do move in before the end of the notice period you are only liable for the rent up until the day they move in.