Ending Your Tenancy in Victoria: Know Your Rights

When you're ready to move out of your rental property in Victoria, understanding your rights and obligations is crucial. The Residential Tenancies Act 1997 governs the process, ensuring tenants and landlords have clear guidelines to follow. This article will guide you through ending your tenancy, ensuring a smooth transition.

Notice Periods and Termination Forms

In Victoria, different circumstances require different notice periods. For tenants who wish to leave before the end of their lease, providing notice is vital. The necessary form is the Notice to Vacate, which typically requires 28 days' notice for a periodic agreement. Find the official form on the Consumer Affairs Victoria website.

Breaking a Fixed Term Lease

If you're in a fixed-term agreement and need to leave early, you may be liable to pay costs associated with re-letting and advertising the property. It's important to communicate your situation with the landlord to try and reach a mutual agreement.

Condition Report and Bond Return

Before you leave, ensure the property's condition is in line with the initial condition report. This document is crucial for resolving potential disputes over bond returns.

Final Clean and Repairs

  • Conduct a thorough clean of the property.
  • Address any necessary repairs that were due to your tenancy.
  • Refer to your condition report and compare the initial and ending conditions.

Submitting the Bond Claim form is an essential step to reclaim your bond. This form can be accessed online through the Rental Bonds Victoria portal.

Resolving Disputes

Should disputes arise with your landlord during the moving-out process, the Victorian Civil and Administrative Tribunal (VCAT) is the official body handling residential tenancy disputes. It's essential to attempt negotiations with the landlord before seeking tribunal intervention.

Consult the Fair Trading Act 1987 for additional rights and protections during tenancy terminations. More information can be found on legislation.gov.au.
  1. Ensure all rent is paid up to and including the final day of your lease.
  2. Provide a forwarding address to your landlord or property manager.
  3. Complete and submit all necessary forms, including the bond claim.
  1. How long do I need to give notice to end my tenancy?

    Typically, a 28-day notice is required for periodic agreements. Fixed-term leases may vary based on agreement terms.

  2. What happens if my landlord disputes my bond return?

    If a dispute arises, consider negotiating directly, or use VCAT for a formal resolution process.

  3. Do I need to clean the property before I leave?

    Yes, thoroughly cleaning the property is necessary to ensure you receive your bond back without deductions.

  1. How to submit a Notice to Vacate in Victoria
    1. Step 1: Complete the correct form

      Access the Notice to Vacate form from Consumer Affairs Victoria.

    2. Step 2: Serve notice properly

      Deliver the notice to your landlord via registered post or in person.

Ensure you understand all terms of your lease before attempting early termination to avoid unexpected fees.

Need Help? Resources for Renters

  • Consumer Affairs Victoria – For guidance on tenant rights and responsibilities.
  • VCAT – For dispute resolution services.
  • Local community legal centres for free legal advice where available.

  1. Tenants in Victoria must adhere to specific notice periods when ending tenancies.
  2. Ensure the property is clean and in good condition to facilitate bond return.
  3. Utilize VCAT for resolving disputes when necessary.

Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Australia

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.