Landlord notice periods Victoria: what you need to know

Victoria does not allow purely no-fault evictions. A rental provider cannot end your tenancy simply because your fixed-term agreement is ending or because they want to re-let the property at a higher rent. Every notice to vacate has to cite a specific, valid reason under the Residential Tenancies Act 1997, and the amount of notice required depends entirely on which reason applies.

This guide sets out every notice period a rental provider can use in Victoria, from immediate notice through to 90 days, along with the separate notice periods that apply when a renter wants to end their own tenancy.

Immediate notice, no notice period

In a small number of serious situations, a rental provider can issue a notice to vacate with no notice period at all. These are reserved for genuinely urgent circumstances:

• Serious damage to the property or to safety equipment.
• Danger to neighbours, the rental provider, or contractors.
• Violent or dangerous behaviour.

These are the exception, not the norm. Most notices to vacate fall into one of the timed categories below.

14 days notice

A 14-day notice period applies to a wide range of situations, most of which involve a breach of the tenancy agreement or the law rather than a change in circumstances:

• Rent arrears of 14 or more days.
• Breach of a VCAT compliance order.
• A second identical breach after prior notices have already been issued.
• Illegal use of the property.
• Unauthorised sub-letting.
• Unpaid bond.
• A child under 16 present where the agreement specifically prohibits it.
• Drug-related activity, in the case of public housing.
• Keeping a pet without consent, as an initial violation that has not yet gone to VCAT.

Notice that the last item, pets, only carries a 14-day notice for a first, unaddressed violation. If it escalates, the notice period changes, which is covered next.

28 days notice

A 28-day notice applies in one specific pet-related scenario: where a renter continues keeping a pet without consent after VCAT has already made an order specifically excluding that pet. In other words, the 14-day pet notice is the first step, and 28 days applies once the matter has already been through VCAT and the renter still has not complied.

60 days notice

A 60-day notice applies to mortgagee possession, meaning the bank has foreclosed on the property. This is not something the rental provider necessarily controls, but it still requires 60 days notice to the renter.

90 days notice

The longest standard notice period, 90 days, applies to a group of reasons that are typically about the property itself rather than the renter's conduct. Each of these requires supporting documentation, not just a stated intention:

• Rental provider or a family member intending to move into the property, which requires a statutory declaration.
• Reconstruction, repairs, or renovations, which requires a building permit or a tradesperson's quote.
• Demolition, which requires a building permit and a demolition contract.
• Conversion of the property to non-residential use, which requires a statutory declaration.
• Sale of the property, which requires a contract of sale or an agent engagement letter.
• Government acquisition for public purposes, which requires acquisition documentation.
• Renter no longer meeting social housing eligibility criteria.

What happens when a fixed-term agreement ends

A fixed-term lease does not just stop when the end date arrives. When it expires, it automatically converts into a periodic (month-to-month) agreement, and the renter's rights and obligations continue unchanged under that periodic arrangement. Either party can choose to sign a new fixed-term agreement instead, but neither is obliged to.

Critically, a rental provider cannot issue a notice to vacate solely because the fixed term is ending, and cannot use the end of a fixed term as a way to re-let the property at a higher rent. A valid statutory reason, one of the ones listed above, is still required to end the tenancy.

Notice periods for a renter ending a tenancy

The rules are different, and generally simpler, when the renter is the one ending the tenancy.

At the end of a fixed-term agreement

A renter must give 28 days written notice. The notice end date cannot fall before the end date of the fixed-term agreement itself. Leaving before the fixed term ends counts as breaking the agreement, which can incur lease break fees.

Periodic (month-to-month) agreement

A renter on a periodic agreement must give 28 days written notice, and this applies for any reason.

Early termination with only 14 days notice

In certain situations, a renter can give just 14 days notice instead of the usual 28:

• The property becomes unfit for habitation.
• The rental provider breaches a VCAT compliance order.
• The renter requires crisis accommodation or special care.
• The renter is moving into social housing.
• The rental provider has already given the renter notice for sale, demolition, major repairs, or owner occupancy.

That last point is worth noting: if your rental provider has served you with a 90-day notice for one of the property-related reasons above, you do not have to wait out the full 90 days yourself if you want to leave sooner. You can give 14 days notice instead.

Frequently asked questions

Can my rental provider evict me just because they want to?

No. Victoria does not permit no-fault evictions. Every notice to vacate has to cite one of the specific reasons set out above, and the notice period attached to that reason has to be correct. A notice that does not state a valid reason, or that understates the required notice period, is not valid.

What should I do if I receive a notice to vacate?

Check which category the stated reason falls into and confirm the notice period matches. For the 90-day reasons, ask for the supporting documentation, such as the contract of sale or building permit, since the rental provider is required to have it. If anything looks inconsistent, you can contact Consumer Affairs Victoria or a tenancy service before responding.

Can I leave early if my rental provider gives me a 90-day notice?

Yes. If your rental provider has served a 90-day notice for sale, demolition, major repairs, or owner occupancy, you are entitled to give just 14 days notice yourself rather than waiting out the full 90 days.

Does a notice to vacate end my tenancy automatically?

No. A notice to vacate is a first step. If a renter does not leave by the specified date, the rental provider generally has to apply to VCAT for a possession order rather than removing the renter directly.

If the notice you have received relates to a rent increase rather than ending the tenancy, the rules are completely different. See our guide to Victoria's rent increase rules for the notice period and dispute process that applies there. If your tenancy is ending and you are moving out, our bond return checklist covers how to get your full bond back. And if you are heading back into the rental market, our rental cover letter guide can help your next application stand out.