TENANT INFORMATION GUIDE FOR TENANTS (VIC) | Page 27

PART 3: Ending a tenancy

Ending a tenancy agreement
A tenancy agreement can only be
ended in accordance with the Residential
Tenancies Act 1997.
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.
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 Reasons
and minimum notice periods on
page 31 for details.
• Ensure that your notice is
delivered within a suitable time.
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.

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 Victorian Civil and
Administrative Tribunal (VCAT) on page 42
for 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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