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Leaving before a notice expires

Information about how many days notice a tenant must give if they want to leave before a notice to vacate expires.

A renter is entitled to stay until end of the notice to vacate. However, they may want to leave before the notice period is up.

The renter only has to give 14 days notice that they intend to leave when the rental provider (formerly landlord) has given a notice to vacate:

  • for the end of a fixed-term rental (usually 90 days)
  • because they intend to repair, renovate or reconstruct premises
  • demolish premises
  • as premises are to be used for business purposes
  • as premises to be used by rental provider's family
  • as premises to be sold
  • as premises to be used for public purposes.

A reduced notice of intention to vacate may also be given by the renter where:

  • the renter requires special or personal care and needs to vacate to get that care
  • the renter has been offered and accepted public housing
  • the renter needs temporary crisis accommodation
  • renter has been given a notice of intention to sell (except where they were notified of the proposed sale before moving in
  • rental provider has refused a renter request to make reasonable alterations to rented premises due to renter's disability.

The renter must give the same amount of notice regardless of whether the rent is paid weekly, fortnightly or monthly, but they don't have to wait until the rent is due.

Of course the renter may choose to stay until the minimum period in the notice has expired, however if they want to leave early and have been constrained by the fixed term lease, this clause allows them to leave earlier than the rental provider's plans.

See ss. 91ZB—Residential Tenancies Act 1997 (Vic).

More information

Legislation

Residential Tenancies Act 1997 (Vic)

  • s. 30D—information rental provider must disclose before entering residential rental agreement
  • s. 91ZB—reduced period of notice of intention to vacate in certain circumstances
  • s. 91ZX—notice due to repairs
  • s. 91ZY—notice due to demolition
  • s. 91ZZ—notice that premises to be used for business
  • s. 91ZZA—notice as premises to be used by family of rental provider
  • s. 91ZZB—notice as premises to be sold
  • s. 91ZZC—notice as premiss to be used for public purposes
  • s. 91ZZD—end of fixed term rental agreement of up to and including 5 year term
  • s. 91ZZDA—end of fixed term rental agreement of more than 5 years

See Residential Tenancies Act 1997 (Vic).

Tenants Victoria

Tenants Victoria has information about when a renter wants to leave.

See Tenants Victoria—When you want to leave(opens in a new window).

Updated