When you want to end the tenancy
You are advised to use the ‘Notice to Landlord of Rented Premises’ form available from Consumer Affairs Victoria.
You must give your landlord the correct amount of written notice.
In cases of severe hardship, you can apply directly to the Victorian Civil and Administrative Tribunal (VCAT) to reduce the fixed term tenancy.
Your notice of intention to vacate must:
- Be in writing
- Be signed by you or your representative
- Give a reason, if applicable (see Table 3)
- Give the date you plan to leave, taking into account the amount of time required under notice periods.
Delivering a notice of intention to vacate can be done by:
- Personally delivering it to your landlord
- Leaving it for your landlord at their residence or business with a person apparently over the age of 16 and apparently living or employed there
- Giving it to an authorised offi cer of the corporation employed at its registered office, if your landlord is a corporation
- Posting it to your landlord at their residence or business or, if your landlord is a corporation, posting it to the corporation’s registered Victorian address.
It is a good idea to use registered post so there is proof of when and where the notice was sent.
Ending an agreement before you move in
You can end an agreement before you move into the property if the property is:
- Not vacant
- Not in good repair
- Totally destroyed
- Partly destroyed and unsafe
- Unfit for human habitation
- Not legally available as a residence
- Not available for occupation.
Reasons and minimum notice periods
The minimum amount of time required for giving notice depends on the reason, as outlined in Table 3.