Getting notice to vacate can come as a nasty surprise for tenants, but it doesn’t have to be all bad news.
From time to time, landlords will give tenants notice to vacate when a lease ends or, in some cases, before the agreement expires.
The notice to vacate must be given by the landlord to the tenant either before the end of the lease or when the lease ends. This means there has to be a mutual agreement with the tenant or written notice should be provided.
It is an unfortunate reality, however there are strict rules and timeframes to ensure both parties are protected.
The amount of time a tenant is given to vacate the property varies significantly, depending on the reason and the state the rental property is located in.
Generally, in serious cases where property has been maliciously damaged or the tenants health is at risk, renters can be ordered from the premises immediately.
Alternatively, if the house is being put up for sale or no reason is given, tenants will be offered between 60 to 120 days to move, depending on the jurisdiction.
In most cases, a notice to vacate comes as a shock but the situation can also deliver some unexpected benefits for stellar tenants.
However, if the rent is overdue, the property damaged or the rental used for illegal purposes, the landlord is likely to have the law on their side.
Reasons landlords can give a notice to vacate
Before the lease ends
Notices like these listed below can be given to end at any time to end a tenancy (which includes before a fixed-term tenancy ends).
| Reason | Notice required (minimum) |
| The tenant or a visitor causes harmful damage to the site or shared sections. | Immediately |
| The tenant or a visitor puts neighbours in any danger. | Immediately |
| The tenant owes a minimum of 14 days’ rent. | 14 days |
| The tenant has violated either a Victorian Civil and Administrative Tribunal (VCAT) compliance order or compensation order. | 14 days |
| The tenant has violated a duty owed under a duty provision for the third time (and has also been given notice twice before to address the breach of that duty). | 14 days |
| It’s been discovered that the premises are being used for illegal activities. | 14 days |
| New tenants are brought in without permission. | 14 days |
| The bond has not been paid by the tenant as expected or agreed. | 14 days |
| The tenant has a child living on site when the agreement doesn’t allow children. | 14 days |
| The tenant misled the authority – and the landlord is a government housing authority – to be accepted as a tenant. | 14 days |
| The tenant has engaged in drug-related activity while living in public housing. | 14 days |
Source: Consumer Affairs Victoria
Not before the lease ends
These notices can be given during a fixed-term tenancy. The termination date specified on the notice, however, does not reduce the period of the fixed-term tenancy. If the tenancy is on a month-by-month basis, these notices can effectively end at any time during the tenancy.
| Reason | Notice required (minimum) |
| The tenancy agreement has either a fixed term or pre-decided end date. The agreement also states that the tenant has rented the landlord’s own home and the landlord will live in it at the end of the lease. | 14 days |
| The landlord is a government housing authority and the tenant has unfairly turned down or refused to accept an offer of accommodation elsewhere. | 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 |
| All necessary permits have been given for the premises to be demolished. | 60 days |
| The landlord wants to do something else with the property (for example, use them for business purposes). | 60 days |
| The property will either be sold or offered for sale. It is also expected that the site will be vacant immediately after the end of the lease. | 60 days |
| The premises have been sold and all sale conditions have been fulfilled. If a property is sold and settled while under lease, the new buyer has to be informed that the tenants are able to own and occupy the property until the end of the notice period, or until the end of their lease. | 60 days |
| A government authority needs the property for public purposes, and already owns it. | 60 days |
| It is the end of a fixed-term tenancy agreement that’s lasted less than six months. The termination date on this notice has to be the same as the end date of the fixed-term tenancy agreement. | 60 days |
| It is the end of a fixed-term tenancy agreement which is between six months and five years (known as a short-term lease). The termination date on this notice must be the same as the end date of the fixed-term tenancy agreement. | 90 days |
| It is the end of a fixed-term tenancy agreement of more than five years (known as a long-term lease). The termination date on this notice has to be the same as the end date of the fixed-term tenancy agreement. | 120 days |
| The tenant no longer meets its eligibility criteria if the landlord is a government housing authority. | 90 days |
| No specified reason (during a short-term lease). | 120 days |
| No specified reason (during a long-term lease). | 180 days |
Source: Consumer Affairs Victoria
Please note that the above information is relevant to Victorian tenants.
Both the reasons and minimum notice required for tenants can change depending on where you live in Australia.
For further information on how and why your landlord may give you a notice to vacate, click on the state you live in:
New South Wales
Queensland
Tasmania
Australian Capital Territory
Northern Territory
South Australia
Western Australia
What you can do if given a notice to vacate
If a landlord wants a tenant to move out of the property, they have to give you a valid notice to vacate.
The length of the notice period depends on why the landlord is giving you notice. It also depends on if you have a fixed-term tenancy agreement.
As a tenant, you don’t have to move out just because you were given a notice to vacate.
If a landlord wants to evict you, they have to apply to their local Civil and Administrative Tribunal first and convince the Tribunal that they should be granted a possession order.
In the meantime, here are some things you can do if you receive a notice to vacate:
1. Ask for compensation
If a landlord wants to sell their property, the tenant has the right to demand sufficient notice and they can even ask for compensation.
Investment property advisor Andrew Crossley says landlords commonly sell properties so they can live in them or to ease financial pressure.
Whatever the situation, Crossley says mutual respect can result in a happy outcome.
Negotiating good terms is the ideal outcome for tenants but they should consider and plan ahead for unexpected outcomes, too.
“Hopefully an amicable solution is found – perhaps the agent can help the tenant find another property and perhaps the landlord can pay for their moving costs as a consolation or maybe help contribute by giving them the equivalent of what’s left on the lease towards their moving costs,” he says.
In most cases tenants can negotiate good terms, but should consider factors including the likelihood of open house inspections if a house is put up for sale.
2. Call your leasing agent
If the tenant is happy to move, a first point of call should be the leasing agent.
Agents can help tenants find another property and keep them informed of new rentals coming on to their list.
Agents are particularly motivated to help good tenants.
Hopeful tenants: How to find the perfect rental
Crossley says agents are particularly motivated to help good tenants.
“The agent may not want to lose that tenant to another real estate agency if they’re a good tenant,” he says.
3. Challenge a tenant notice to vacate
If a tenant is served a notice before their lease is due to end and they believe it is invalid they can challenge in the state tribunal.
In most states action must be taken within 30 days of receiving the document and tenants must have a valid reason for contesting the order.
Leaving a rental after you receive a vacate notice
Unfortunately, if a tenant receives a notice to vacate before the end of their lease it does not mean they can move out whenever they want.
If they leave without consulting the landlord or real estate agent and do not continue to pay rent, this is viewed as breaching the lease agreement.
However, renters do have the opportunity to negotiate a different expiry date with the landlord after receiving a notice, which is likely to be accepted in place of compensation.
You are also required to fulfil the normal duties when leaving a property including cleaning the premises, unless the landlord states otherwise.
If any agreement is made, both the tenant and landlord should make sure the new arrangements are in writing to avoid any disputes later on.
Your rights and responsibilities
Before landlords issue notices to vacate or tenants dispute such notices, both parties need to consult their state or territory laws.
Emma Heuston, principal lawyer at LegalVision, says each party has rights and responsibilities.
“The notice period will be dependent on the term of the lease and the reason for the termination and this does vary from state to state,” she says.
“The common thing with each state and territory residential tenancy act is there is a right to appeal to a tribunal specific to that state or territory.”
Stress less: Guide to moving out of a rental property
Residential tenancy tribunals in each state are set up to hear disputes between landlords and tenants or vice versa.
There is a fee and usually the tribunal will encourage both parties to mediate beforehand to avoid a hearing.
For more information on renting, visit the relevant consumer affairs department in your state:
New South Wales – NSW Civil and Administrative Tribunal (NCAT)
Queensland – Queensland Civil and Administrative Tribunal (QCAT)
Tasmania –Consumer, Building and Occupational Services (CBOS)
Victoria – Victorian Civil and Administrative Tribunal (VCAT)
Australian Capital Territory – ACT Civil and Administrative Tribunal (ACAT)
Northern Territory – Northern Territory Civil and Administrative Tribunal (NTCAT)
South Australia – Consumer and Business Services (CBS)
Western Australia – Consumer Protection
This article was originally published on
12 Sep 2019 at 9:00am
but has been regularly updated to keep the information current.