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They have given me a notice to vacate. Is it valid?

26 quoted answers, each with its source

The short answer

Since 25 November 2025, Victorian rental providers cannot issue a notice to vacate without a valid reason, including at the end of a fixed-term agreement; from that date, a fixed-term agreement automatically becomes a periodic month-by-month lease unless the parties agree to a new fixed term or the provider gives a notice to vacate for a valid reason. Certain notices to vacate require 90 days' notice, including a notice given because the property is to be sold; a notice based on at least 14 days of rent arrears has a 14-day minimum notice period, and an immediate notice is available if the renter or their visitor intentionally or recklessly causes serious damage. A notice to vacate is not valid if it is unlawful discrimination or if required supporting evidence is not supplied, such as a witnessed statutory declaration for a moving-in notice or a building permit for a renovations notice. Rental providers cannot give notice for requesting repairs, asking to have a pet, or challenging a rent increase, and if the renter does not leave after notice, the provider may apply for a possession order.

Every part of this comes from the quotes below. How we write these.

What the rules actually say18

Quoted straight from Consumer Affairs Victoria, the Residential Tenancies Act or a tribunal.

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The minimum notice for a Victorian notice to vacate given because the property is to be sold…

  • is 90 days.
  • was previously 60 days.
medium confidencefirst-party
2 quotes from 1 source
The property is to be sold or put up for sale and vacated immediately after the rental agreement ends.
90 days (previously 60 days)
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Consumer Affairs Victoria states that a Victorian rental provider…

  • must provide a reason when giving a notice to vacate.
  • cannot give notice without a valid reason.
first-party
1 quote from 1 source
Other reasons for giving notice are not valid. A rental provider must provide a reason when they give someone notice to vacate. They cannot give notice without a valid reason.
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Consumer Affairs Victoria states that a Victorian rental provider cannot give a renter a notice to vacate for…

  • requesting repairs.
  • asking to have a pet.
  • challenging a rent increase.
first-party
4 quotes from 1 source
For example, a rental provider cannot give a renter notice to vacate for:
requesting repairs
asking to have a pet
challenging a rent increase.
#
  • A Victorian rental provider can give an immediate notice to vacate if the renter or their visitor intentionally or recklessly causes serious damage to the property.
  • For an immediate notice to vacate, serious damage to the property includes damage to safety equipment and common areas.
first-party
2 quotes from 1 source
Rental providers can give a renter a notice to vacate immediately if the renter or their visitor does any of the following:
intentionally or recklessly causes serious damage to the property, including safety equipment and common areas
#

A Victorian notice to vacate given for a reason with specific evidence requirements is invalid if that evidence is not supplied.

first-party
1 quote from 1 source
If a notice to vacate requires specific evidence that is not supplied, the notice is invalid.
#

A Victorian notice to vacate given because the rental provider or a member of their immediate family will be moving in requires a witnessed statutory declaration signed by the rental provider as evidence.

first-party
2 quotes from 1 source
The rental provider, a member of their immediate family (including parents and parents-in-law) or a dependent (who normally lives with the rental provider) will be moving in . If you are giving a notice to vacate for this reason you must include evidence with the notice to vacate.
A witnessed Statutory Declaration signed by the rental provider, stating either:
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The rental provider may re-let the premises as a residence before the end of 6 months after a Victorian notice to vacate given because the property is to be sold was given if VCAT approves.

first-party
2 quotes from 1 source
In addition, if a notice to vacate is issued for this reason, the rental provider must not re-let the premises to a person for use primarily as a residence before the end of 6 months after the date on which notice was given, unless approved by VCAT.
The property is to be sold or put up for sale and vacated immediately after the rental agreement ends.
#

A Victorian notice to vacate given for renovations requires a building permit as its documentary evidence.

first-party
1 quote from 1 source
Note: Only a Building permit satisfies the requirements of documentary evidence to support a NTV for renovations .
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A Victorian notice to vacate must be delivered to the renter by registered post, by electronic communication where the renter has consented, or by hand.

first-party
4 quotes from 1 source
The notice to vacate must be delivered to the renter at the rented premises, either by:
registered post
electronic communication (such as email), if the renter has given consent to receive notices and other documents this way
hand (giving the notice personally to the renter).
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Consumer Affairs Victoria names Part 2, Division 9 of the Residential Tenancies Act 1997 as the law on notices to vacate.

first-party
2 quotes from 1 source
If you want to know what the law says about notices to vacate, you can read these sections of the Residential Tenancies Act 1997 :
Part 2, Division 9 – Termination of residential rental agreement.
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Consumer Affairs Victoria states that if a Victorian renter does not leave after being given notice, the rental provider can apply for a possession order.

first-party
1 quote from 1 source
If a renter does not leave after being given notice, rental providers can apply for a possession order.

Measured finding1

Something someone actually measured, with the method attached.

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Tenants Victoria reported that eviction notices for rent arrears had increased five-fold over the past two years.

medium confidence
1 quote from 1 source
Eviction notices for rent arrears have increased five-fold over the past two years, while Tenants Victoria’s website recorded 1.34 million views from 558,400 unique visitors in 2024-25 – clear indicators of enormous demand for assistance.

Changed on7

A dated change. This is where advice quietly stops being true.

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From 25 November 2025, Victorian rental providers cannot issue a renter with a notice to vacate without a valid…

  • reason.
  • reason even at the end of a fixed-term agreement.
first-party
3 quotes from 1 source
25 November 2025
Ban on no fault evictions
Rental providers cannot issue a renter with a notice to vacate without a valid reason, even at the end of a fixed-term agreement.
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Sections 91ZZD and 91ZZDA of the Residential Tenancies Act 1997 were repealed by Part 2 of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025.

first-party
1 quote from 1 source
Despite the repeal of sections 91ZZD and 91ZZDA by Part 2 of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, a notice to vacate issued under either of those sections as in force immediately before the repeal of those sections continues in force, on and from the commencement of that Part, until the termination date specified in the notice as if those sections had not been repealed.
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With respect to the notice to vacate, sections 3 to 51 of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 commenced on 25 November 2025.

first-party
2 quotes from 1 source
Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, No. 6/2025
Commencement Date: Ss 190, 191 on 23.6.25: Special Gazette (No. 308) 17.6.25 p. 1; ss 3–51 on 25.11.25: s. 2(2)
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From 25 November 2025, a Victorian fixed-term rental agreement automatically becomes a periodic month-by-month lease at its end unless the parties agree to a new fixed term or the rental provider issues a notice to vacate for a valid reason.

first-party
2 quotes from 1 source
25 November 2025
When a fixed-term agreement ends, it will automatically become a periodic (month-by-month) lease unless a rental provider and renter agree to enter into a new fixed-term agreement or the rental provider issues a notice to vacate for a valid reason.
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From 25 November 2025, Victorian rental providers must give a renter 90 days' notice of…

  • a rent increase.
  • certain notices to vacate.
first-party
3 quotes from 1 source
25 November 2025
Extension of notice periods for rent increases and certain notices to vacate
Rental providers must give a renter 90 days' notice of a rent increase and certain notices to vacate. This gives renters more time to budget or move. Shorter notice periods still apply when a renter is at fault.