Renting a home: a guide for tenants - Consumer Affairs Victoria

Ending a tenancy agreement
A tenancy agreement can only be
ended in accordance with the Residential
Tenancies Act 1997.
If you want to end the tenancy:
Advise your landlord or agent
in writing if you want to leave
the property.
Make sure you give the
appropriate notice > see page 30
for details.
Ensure that your notice is
delivered within a suitable time.
There are three main ways
to end a tenancy:
1. All the parties can agree to end
the tenancy.
2. Your landlord gives you a valid
‘Notice to Vacate’.
3. You give valid notice to your
landlord that you intend to vacate.
Even if a tenancy has a fixed end date,
notice must be given to end it.
Remember:
Leaving and stopping rent
payments without giving
the appropriate notice is a breach
of the contract between you and
your landlord. VCAT can award
compensation to landlords for money
lost because of such a breach.
PART 3: Ending a tenancy
If your landlord wants to end the
tenancy:
They must give you a ‘Notice to
Vacate’ in the correct written form.
The notice must be sent to you at
the rented premises by registered
post, or given to you in person.
Agreeing to end a tenancy early
• You and your landlord can agree to
end the tenancy early.
• It is important to put the decision
in writing.
• This written notice should include any
agreed costs, terms and conditions,
and the date the tenancy is to end.
• If you have a fixed-term agreement
but need to end your lease early, you
should give written notice as soon as
possible that you are leaving. Breaking
a tenancy agreement may require you
to pay compensation to your landlord.
• Either party can apply to the Victorian
Civil and Administrative Tribunal
(VCAT) to end a tenancy early on the
basis of hardship
> see page 40 for VCAT’s contact details.
When your landlord
wants to end the tenancy
• They must complete and give you
a valid ‘Notice to Vacate’ form.
• The notice must be sent to you at the
rented premises by registered post,
or given to you in person.
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