Ending a Residential Tenancy Agreement in Victoria: A Comprehensive Guide

Ending a residential tenancy agreement in Victoria can be a complicated and confusing process, both for landlords and tenants. Whether you are a landlord looking to terminate a tenancy or a tenant looking to vacate the property, it is important to understand the legal requirements and procedures involved to ensure a smooth and hassle-free process.

In this article, we will take a closer look at the key steps involved in ending a residential tenancy agreement in Victoria, including the notice requirements, vacating procedures, and potential disputes that may arise.

Notice Requirements for Ending a Tenancy Agreement

According to the Residential Tenancies Act 1997 (Vic), both landlords and tenants are required to provide notice when terminating a tenancy agreement. The notice period may vary depending on the circumstances, such as the reason for termination and the length of the tenancy.

For landlords, the notice period required to end a tenancy agreement will depend on the following reasons:

– End of lease: If the tenancy agreement is coming to an end and the landlord does not wish to renew it, they must give the tenant a notice to vacate at least 28 days before the end of the fixed-term lease.

– Breach of agreement: If the tenant has breached the terms of the tenancy agreement (e.g. by not paying rent or causing damage to the property), the landlord may provide a notice to vacate giving the tenant 14 days to vacate.

– Sale of property: If the landlord intends to sell the property, they must give the tenant a notice to vacate at least 60 days before the proposed settlement date.

For tenants, the notice period required to end a tenancy agreement will depend on the following reasons:

– End of lease: If the tenant wishes to move out at the end of the fixed-term lease, they must provide the landlord with a notice of intention to vacate at least 28 days before the end of the lease.

– No fixed-term lease: If the tenant is on a periodic lease (i.e. a rolling lease), they must provide the landlord with a notice of intention to vacate at least 28 days before they intend to move out.

– Special circumstances: In some cases, such as domestic violence or hardship, tenants may be able to provide a shorter notice period. For example, tenants who are victims of family violence may be able to provide 14 days` notice.

Vacating Procedures

Once the notice period has been served, the tenant must vacate the property by the specified date. Failure to do so may result in legal action being taken against the tenant.

When vacating the property, tenants are expected to leave it in a clean and tidy condition, with all personal belongings removed and any damage caused during the tenancy repaired. The landlord or their representative will conduct a final inspection to ensure the property is in good condition before returning the bond (if applicable).

Disputes and Resolutions

Disputes may arise between landlords and tenants during the termination of a tenancy agreement. Common disputes include:

– Bond disputes: If the landlord believes that the tenant has caused damage to the property or breached the tenancy agreement, they may withhold some or all of the bond. The parties may need to attend a Residential Tenancies Dispute Resolution (RTDR) session to resolve the dispute.

– Rent arrears: If the tenant owes rent, the landlord may issue a Notice to Vacate. The tenant may be able to avoid eviction by attending a RTDR session to negotiate a repayment plan.

– Damage to property: If the tenant has caused damage to the property, the landlord may seek compensation for repairs. If the parties cannot agree on the amount of compensation, they may need to attend a RTDR session.

Conclusion

Ending a residential tenancy agreement in Victoria requires both landlords and tenants to follow specific legal requirements and procedures. By understanding these requirements and procedures, you can ensure a smooth and hassle-free process, minimizing the potential for disputes and legal action. If you are unsure about any aspect of ending a tenancy agreement, seek the advice of a professional, such as a real estate agent or lawyer.