Notice To Vacate To Tenants of Rented Premises

Notice to vacate to tenant/s of rented premises
Residential Tenancies Act 1997 (the Act), Section 319 & Residential Tenancies Reg lations !""#, Reg lation 9
$arning% Enter text in spaces provided only. This form will be invalid if you remove or change any questions or other text. &se this form to give notice to vacate Note if you intend to list more than one reason for the tenant/s to vacate under sections 2 ! 2 "! 2 #! 2 $! 2 % or 2"&! you will need to use a Composite Notice to Vacate form available from 'onsumer (ffairs )ictoria.
Telephone *nterpreter Service

4f you have difficulty understanding English! contact the Translating and 4nterpreting ;ervice /T4;1 on 030 . & /for the cost of a local call1 and as+ to be put through to an 4nformation <fficer at 'onsumer (ffairs )ictoria on 03&& $0.
$0
'o( to se this form

1) *dentif+ +o r reason
*ead the reasons for giving notice to vacate on the bac+ of this page and identify the correct reason for your circumstances. The number beside each reason is the relevant section and sub,section of the (ct-eg 2../01 is section 2..! sub,section /01. The title after the section number describes the content of the section.
!) ,ons lt the Act

2ou should consult the (ct to ma+e sure that you are entitled to give a notice to vacate.
3) $or- o t the minim m time for the notice

The reasons are grouped according to the minimum amount of notice time you must give your tenant. The minimum notice period commences on the day after the notice is given and the first available termination date is the day after the minimum notice period expires. (dditional time must be allowed if the notice is posted , see note on How to serve this notice at the bottom of page 3.
.) &se the attached notice

The Residential Tenancies Act 1997 and *esidential Tenancies *egulations 2&&$ set out exactly what must be on a notice to vacate. The prescribed notice to vacate is attached. 2ou must use this notice to give your tenant notice to vacate.
/) ,omplete the notice

2ou must complete all boxes on the notice. 4n box %! write the section number and the exact words given on the bac+ of this page for the reason you are giving a notice to vacate. 2ou must insert dates and monetary amounts where a dotted line appears in the reason. 5or example! if you are giving a notice to vacate because of danger 6s2../017! write in box %8 S244(1 ! "o# or "o#r visitor have endan$ered the sa%et" o% nei$h&o#rs *mportant% 2ou must also add enough information to allow the person receiving the notice to understand the facts you claim are the basis for giving the notice.
0) Sign at 11 and (rite +o r name at 1! 1) $hen the form is complete

Tear out the top form /Tenant9s copy1 and send to the tenant. :eep the last two copies of the form for your records. 4f the tenant does not comply! you can send a copy to )'(T with an application for )'(T to hear your case.
*T 3 /0&/031
consumer.vic.gov.au/renting
=age 1 of 1

Reasons and minim m times for notices
Reasons for notice to vacate toda+ or a later date
!.3(1)2damage you or your visitor have /by act or omission1 maliciously caused damage to the premises or common areas. !..(1)2danger you or your visitor have endangered the safety of neighbours 'lease note ! this notice ma" not &e $iven i% a notice to leave #nder S()* has &een $iven in respect o% the same act or omission+ !./(1)2 nsafe premises the premises are unfit for human habitation! destroyed totally! or destroyed to the extent that they are unsafe.
Reasons for at least !# da+s notice to vacate

!0#(1)2notice 3+ mortgagee 4 am the mortgagee and 4 am entitled to possession of! or to sell! the premises under a mortgage entered into before the tenancy agreement was entered into.@ !!#(1)(3)2termination after death of sole tenant there is only one tenant under the tenancy agreement and the tenant has died. 'lease note ! a cop" o% this notice to vacate m#st &e $iven to the le$al personal representative or the ne-t o% .in o% the tenant+
Reasons for at least 0" da+s notice to vacate

'lease note ! i% "o# $ive notice #nder S2,) to S2,9/ S2)4 o% the Act prohi&its lettin$ the premises a$ain #nless certain e-emptions appl"+ 0% "o# $ive notice #nder S2,, to S2)1 in the case o% a %i-ed term tenanc" a$reement/ S2)) o% the Act states that the reasons %or a )1 da" notice cannot &e #sed to shorten an a$reed %i-ed term tenanc" a$reement+ !//(1)2repairs or renovations the premises are to be repaired! renovated or reconstructed immediately after the termination date and this cannot be done while you are living there. 4 have all the necessary permits and consents. !/0(1)2demolition the premises are to be demolished immediately after the termination date. 4 have all the necessary permits and consents. !/1(1)2change of se of premises the premises are to be used for a purpose other than principally as a residence immediately after the termination date. !/#(1)2occ pation 3+ landlord or famil+ the premises are to be occupied by me! my partner! son! daughter! parent! partner9s parent! or a person who normally lives with and is dependent on me immediately after the termination date. !/9(1)2premises to 3e sold the premises are to be sold or offered for sale with vacant possession immediately after the termination date. !/9(!)2premises sold (conditional contract) the last of the conditons of a conditional contract for the sale of the premises was satisfied on > /> />. 'lease note 2 this notice m#st &e $iven within 14 da"s a%ter the last condition is satis%ied+
Reasons for at least 1. da+s notice to vacate

!.0(1)2overd e rent you owe at least 0. days rent. 2our rent is paid up to! and including > /> />. 2ou owe ?> !.1(1)2 npaid 3ond you have not paid the bond required by the tenancy agreement. !.#(1)2fail re to compl+ (ith a 4,AT order you have failed to comply with a compensation or compliance order of the )ictorian 'ivil and (dministrative Tribunal under ;202 of the (ct. !.9(1)2s ccessive 3reaches you have breached a duty owed under a duty provision within =art of the (ct for the third time. 2ou have been given notice twice before to remedy the breach or pay compensation. !/"(1)2 se for illegal p rposes you have used the premises! or permitted their use! for an illegal purpose. !/1(1)2child residing on premises you have allowed a child under 0" years to live on the premises contrary to the tenancy agreement. !/!(1)2false statement you +nowingly gave false or misleading information relating to eligibility to rent the premises from a public statutory authority. !/3(1)2assignment or s 3letting (itho t consent you have assigned or sublet part or all of the premises without my permission or purported to do so. !/.(1)2landlord5s principal place of residence 4 intend to resume occupancy of the premises as my principal place of residence. 'lease note ! a landlord can onl" #se this reason i% the conditions in S2,4 are met+
!/9(!A)2premises sold ( nconditional contract) an unconditional contract for the sale of the premises was entered into on > /> />. 'lease note 2 this notice m#st &e $iven within 14 da"s a%ter an #nconditional contract o% sale is entered into+ !0"(1)2re6 ired for p 3lic p rposes the premises are the property of a public statutory authority and are required for public purposes immediately after the termination date. !01(1)&(3)(3)2end of a fi7ed term tenanc+ of less than 0 months we have a fixed term tenancy agreement of less than " months which ends on the termination date.@
!01(1)&(3)(a)2end of a fi7ed term tenanc+ of 0 months or more we have a fixed term tenancy agreement of " months or more which ends on the termination date.@ !0!(1)2tenant no longer eligi3le you are no longer eligible to rent the premises from the landlord which is a public statutory authority.
Reasons for at least 1!" da+s notice to vacate

'lease note 2 i% "o# $ive notice #nder S2)((1 / in the case o% a %i-ed term tenanc" a$reement/ S2)) o% the Act states that the reasons %or a notice %or no speci%ied reason cannot &e #sed to shorten an a$reed %i-ed term tenanc" a$reement+ A notice $iven #nder S2)( cannot &e #sed to retaliate a$ainst tenants e-ercisin$ their le$al ri$hts or sa"in$ the" will do so+ !03(1)2no specified reason 4 am giving you at least 02& days notice to vacate without specifying a reason.@ 'lease note ! 3 notices $iven #nder sections 2)1/ 2)( or 2)* m#st e-pire &e%ore the landlord or mort$a$ee can appl" to VCAT %or a possession order+
Reasons for at least 9" da+s notice to vacate

'lease note ! i% "o# $ive notice #nder S2)1 or S2)2 in the case o% a %i-ed term tenanc"/ S2)) o% the Act states that the reasons %or a 91 da" notice cannot &e #sed to shorten an a$reed %i-ed term tenanc" a$reement+ A notice $iven #nder S2)1 cannot &e #sed to retaliate a$ainst tenants e-ercisin$ their le$al ri$hts or sa"in$ the" will do so+
'o( to serve this notice

8o can serve this notice 3+ hand or registered post 4f you send this notice by registered post! you must ta+e into account the extra days it ta+es for the notice to be given. This usually means at least two business days after the notice was posted. 4f you need help with this notice! call the 'onsumer (ffairs )ictoria Aelpline on 03&& consumer.vic.gov.au/renting $0 $0 or visit

Residential Tenancies Act 1997 S3199 Reg lation 9
Tenant5s cop+
Tenant details
0. This notice is given to8 (tenant4s names
%. *eason for notice to vacate 0nsert the section n#m&er o% the Residential Tenancies Act 1997 and the reason %or the notice to vacate+ 8o# m#st also provide s#pportin$ %act#al in%ormation re$ardin$ the speci%ic premises to validate the reason $iven+ However/ i% the notice is $iven #nder S2)( o% the Act/ insert that section n#m&er and the words 5No reason is re7#ired6+
2. *egarding the rented premises at8 (write address
3. Tenant/s address (i% same address as 2/ write 5as a&ove6
:andlord/o(ner/mortgagee details
.. 4 am giving you this notice as8 (mar. one onl" the landlord8 the owner8 the mortgagee8 . Bandlord/owner/mortgagee name8 (cannot &e an a$ent6s name 0&. This notice is given8 by hand8 by registered post8 on this date8 / /
00. ;ignature of landlord! owner! mortgagee or agent8
". Bandlord/owner/mortgagee address for serving documents8 (can &e an a$ent6s address
02. Name of landlord! owner! mortgagee or agent signing this notice8 (incl#de the name o% the estate a$enc" where applica&le
Tenant please note

#. 'ontact telephone numbers for landlord/owner/mortgagee8 (can &e an a$ent6s telephone n#m&ers Cusiness hours8 (fter hours8 / / 1 1 4f you have been given notice to vacate you may be entitled to apply to the )ictorian 'ivil and (dministrative Tribunal to challenge the notice. The following time limits apply to challenges8 o 3& days from when the notice was given under ;2 ! ;2 "! ;2 #! ;2 $! ;2 % or ;2"&! or o 2$ days for a fixed term tenancy of " months or more when the notice was given under ;2"0! or o 20 days for a fixed term tenancy of less than " months when the notice was given under ;2"0! or o "& days from when the notice was given for a notice under ;2"3. 4f the landlord! owner! mortgagee or agent see+s an order for possession from )'(T! the tenant has the right to attend a hearing and give evidence. 4f you need help with this notice! call the 'onsumer (ffairs )ictoria Aelpline on 03&& $0 $0 or visit consumer.vic.gov.au/renting
Termination date
$. The Residential Tenancies Act 1997 requires me to give you at least8 (insert the n#m&er o% da"s notice that is re7#ired #nder the Act Days notice to vacate8 4 require you to vacate on8 / /

;nding a tenanc+ 3efore the date given in a Notice to vacate
2ou may be able to end the tenancy earlier than the date your landlord has given you in a Notice to )acate under sections 2 ! 2 "! 2 #! 2 $! 2 %! 2"&! 2"2 or 2"3 of the (ct. 2ou must give your landlord written notice of your intention to vacate! and can do so using a Notice to Bandlord form. <btain a copy online at consumer.vic.gov.au/renting or by calling 'onsumer (ffairs )ictoria on 03&& $0 $0. Ehether you have a fi7ed<term or periodic tenancy! you must give the notice at least 0. days before you vacate and include the date you will do so. 4n a fixed,term tenancy! you must also ensure the date you specify is on or after the end date of your tenancy agreement.
*nformation for tenants

Residential Tenancies Act 1997 S3199 Reg lation 9
:andlord5s cop+
Tenant details
0. This notice is given to8 (tenant4s names
%. *eason for notice to vacate 0nsert the section n#m&er o% the Residential Tenancies Act 1997 and the reason %or the notice to vacate+ 8o# m#st also provide s#pportin$ %act#al in%ormation re$ardin$ the speci%ic premises to validate the reason $iven+ However/ i% the notice is $iven #nder S2)( o% the Act/ insert that section n#m&er and the words 5No reason is re7#ired6+
Tenant please note

#. 'ontact telephone numbers for landlord/owner/mortgagee8 (can &e an a$ent6s telephone n#m&ers Cusiness hours8 (fter hours8 / / 1 1 4f you have been given notice to vacate you may be entitled to apply to the )ictorian 'ivil and (dministrative Tribunal to challenge the notice. The following time limits apply to challenges8 o 3& days from when the notice was given under ;2 ! ;2 "! ;2 #! ;2 $! ;2 % or ;2"&! or o 2$ days for a fixed term tenancy of " months or more when the notice was given under ;2"0! or o 20 days for a fixed term tenancy of less than " months when the notice was given under ;2"0! or o "& days from when the notice was given for a notice under ;2"3. 4f the landlord! owner! mortgagee or agent see+s an order for possession from )'(T! the tenant has the right to attend a hearing and give evidence. 4f you need help with this notice! call the 'onsumer (ffairs )ictoria Aelpline on 03&& $0 $0 or visit consumer.vic.gov.au/renting
Termination date

Residential Tenancies Act 1997 S3199 Reg lation 9 Tenant details 0. This notice is given to8 (tenant4s names %. *eason for notice to vacate
:andlord5s cop+
0nsert the section n#m&er o% the Residential Tenancies Act 1997 and the reason %or the notice to vacate+ 8o# m#st also provide s#pportin$ %act#al in%ormation re$ardin$ the speci%ic premises to validate the reason $iven+ However/ i% the notice is $iven #nder S2)( o% the Act/ insert that section n#m&er and the words 5No reason is re7#ired6+
#. 'ontact telephone numbers for landlord/owner/mortgagee8 (can &e an a$ent6s telephone n#m&ers Cusiness hours8 (fter hours8 / / 1 1
Tenant please note

4f you have been given notice to vacate you may be entitled to apply to the )ictorian 'ivil and (dministrative Tribunal to challenge the notice. The following time limits apply to challenges8 o 3& days from when the notice was given under ;2 ! ;2 "! ;2 #! ;2 $! ;2 % or ;2"&! or o 2$ days for a fixed term tenancy of " months or more when the notice was given under ;2"0! or o 20 days for a fixed term tenancy of less than " months when the notice was given under ;2"0! or o "& days from when the notice was given for a notice under ;2"3. 4f the landlord! owner! mortgagee or agent see+s an order for possession from )'(T! the tenant has the right to attend a hearing and give evidence. 4f you need help with this notice! call the 'onsumer (ffairs )ictoria Aelpline on 03&& $0 $0 or visit consumer.vic.gov.au/renting
Termination date

Notice To Vacate To Tenants of Rented Premises

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Notice To Vacate To Tenants of Rented Premises

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Notice to vacate to tenant/s of rented premises

Telephone *nterpreter Service

'o( to se this form

!) ,ons lt the Act

3) $or- o t the minim m time for the notice

.) &se the attached notice

/) ,omplete the notice

0) Sign at 11 and (rite +o r name at 1! 1) $hen the form is complete