Renters who want to move out can either speak with their rental provider to reach an agreement or give formal notice that they want to leave.
A notice of intention to vacate is a formal statement that the renter wants to end the rental agreement.
If you are seeking to submit an intention to vacate you can scroll to the bottom of this page to complete the form.
There are only certain reasons renters can end a rental agreement early without breaking the agreement and having to pay compensation or lease break fees.
Before possession
The rental agreement terminates immediately if:
– the renter has not entered into possession of the rented premises, and
– the renter has given a notice of termination to the rental provider because the rental premises do not meet rental minimum standards.
End of agreement
Renters must give 28 days notice if they want to leave at the end of a rental agreement.
Renters on fixed-term agreements, like a 12-month agreement, will automatically move to a month to month agreement if they do not give notice.
Early notice without breaking the agreement
There are some reasons a renter can leave before the end of the rental agreement without breaking the agreement and without having to pay costs.
These reasons, and how much notice must be given, are listed in the table on this page.
The renter must give written notice for any of these reasons.
Breaking the agreement
If renters give notice for any other reason before the end of the rental agreement, they will be breaking the rental agreement. They may have to pay costs.
Agreement to leave without formal notice
A renter may ask a rental provider if they can leave without giving them a formal notice of intention to vacate. The rental provider does not have to agree. If they do, the agreement should be recorded in writing.
Renters experiencing family violence
People experiencing family violence who need to change their rental agreement so that they or their children can be safe can apply to VCAT.
They can ask VCAT for an order so that the site owner:
– gives them a new site agreement
– lets them leave before the agreement ends without having to pay fees.
Read more about changing or ending a rental agreement because of family violence.
Withdrawing a notice of intention to vacate
If you are a renter and have given notice but decide you want to stay longer or extend the agreement, we suggest you:
– tell your rental provider as soon as possible
– provide written notice to withdraw the intention to vacate
– seek the rental provider’s or agent’s agreement in writing.
If the rental provider does not agree to the withdrawal
If the rental provider does not agree to withdraw the notice to vacate, the renter can apply to VCAT for a hearing.
If VCAT has not said the renter can stay longer or extend the agreement, the renter must leave by the date on the original notice of intention to vacate.
If the renters do not leave
If a renter gives notice but does not leave, the rental provider can apply to VCAT for an order for the renter to move out. This can mean the renter is evicted.
How to give notice
The renter must put the notice in writing.
All information is sourced directly from Consumer Affairs, if you would like to view the information available from their site you can do so here.