Landlord ending lease early – Victoria.

Even if your friend’s landlord has a valid reason for early termination of the lease, tenants are usually still entitled to at least 60 days’ notice.

Tenants Victoria has this excellent fact sheet which covers most if not all of the possible scenarios for a “rental provider” ending a lease before it runs out. It recommends getting in touch with Tenants Vic as soon as the notice is received.

One passage worth noting is this:

A rental provider can also give a 14-day notice to vacate if the property was their principal place of residence immediately before the rental agreement started, but only if:

• The rental agreement stated that they intended to move back in at the end of the renter’s first or second fixed-term agreement

• The notice is given before the end of the first, or second, fixed term in the rental agreement [section 91ZW]. Documentary evidence is required [section 91ZZO]).

The relevant sections of the Act state that even if the notice is valid, it has to be for a minimum of 60 days. See below:

RESIDENTIAL TENANCIES ACT 1997 – SECT 91ZZA

Premises to be occupied by residential rental provider or provider’s family

(1)     A residential rental provider may give a renter a notice to vacate rented premises if the premises are immediately after the termination date to be occupied—

(a)     by the residential rental provider; or

(b)     in the case of a residential rental provider who is an individual—

(i)     by the residential rental provider‘s partner, child, parent or partner‘s parent; or

(ii)     by another person who normally lives with the residential rental provider and is wholly or substantially dependent on the residential rental provider.

(2)     The notice must specify a termination date that is not less than 60 days after the date on which the notice is given.

RESIDENTIAL TENANCIES ACT 1997 – SECT 91ZZO

Form of notice to vacate

A notice to vacate given under this Division is not valid unless—

(a)     it is in the relevant prescribed form; and

(b)     it is addressed to the renter; and

(c)     it is signed by the person giving the notice or by that person’s agent; and

(d)     it specifies the reason or reasons for giving the notice; and

(e)     in the case of a notice to vacate given under section … 91ZZA … it is accompanied by documentary evidence, as approved by the Director from time to time, which supports the reason for giving the notice; and

Note

See section 486A.

(f)     it specifies the termination date which is the date by which compliance is required.