Moving Out 101: The Lowdown on Notices to Vacate

What’s a Notice to Vacate?

Sometimes, a rental provider needs their property back—and that’s where a notice to vacate comes in. Think of it as the official way of saying, “Hey, it’s time to move out.”

Instead of just having a chat (which is always a good first step!), rental providers can issue a formal written notice to end the rental agreement. But here’s the deal: it can’t be done for just any reason. The law sets out specific, lawful reasons when a notice to vacate is allowed.

And if the renter doesn’t leave by the date on the notice? The rental provider can apply to VCAT (the Victorian Civil and Administrative Tribunal) to request an official eviction or possession order.

It’s all about following the right steps and keeping things fair and legal—for everyone involved.

How Do You Give Notice? Here’s the Right Way to Do It

So, you’ve got a valid reason and you’re ready to give notice—what’s next? You’ll need to use the official form called:
“Notice to vacate to renter/s of rented premises”

Here’s what that notice must include to be valid:
✔️ The renter’s name – make sure it’s addressed properly!
✔️ A clear reason for ending the rental agreement (and it has to be one of the legal ones)
✔️ Your signature (or your agent’s) – no unsigned forms allowed
✔️ Plenty of time for it to reach the renter before the termination date
✔️ The date the renter needs to move out by (this is called the termination date)

Pro tip: Keep a copy for your records and consider sending it via registered post or another method that confirms delivery—you’ll want proof it was sent properly!

By following the rules, you’ll avoid delays, disputes, and keep everything smooth and legal.

When Can a Rental Provider Give Notice—and When They Absolutely Can’t

In Victoria, rental providers can’t just ask renters to leave on a whim. There are specific legal reasons they must follow if they want to end a rental agreement. These are clearly outlined in the law—and listed in handy tables on this page.

Here’s the golden rule:
A rental provider must give a valid reason when issuing a notice to vacate.
No reason = no valid notice.

Some valid reasons include:

• The property is being sold or renovated
• The rental agreement is ending and the owner wants to move in
• The renter has seriously breached their obligations (like causing damage or unpaid rent)

But here’s what rental providers can’t do:

Give notice just because a renter is standing up for their rights.

That means a renter cannot be told to leave just for:

• Requesting necessary repairs
• Asking to keep a pet (which renters are legally allowed to do, with permission)
• Challenging a rent increase
• Making a complaint or asserting their legal rights

And importantly, a notice to vacate is invalid if it involves unlawful discrimination—for example, based on race, gender, disability, age, or family status. Fairness isn’t just nice—it’s the law.

Also, in some situations, notice can be given before the rental agreement ends—but again, only if one of the approved reasons applies.

Bottom line: If you’re a rental provider, make sure your reason for giving notice is lawful, clear, and backed by the Residential Tenancies Act 1997. It keeps things fair and protects everyone’s rights.

What If the Renter Doesn’t Leave?

You’ve given proper notice, followed all the rules… but the renter doesn’t move out by the termination date. Now what?

Don’t panic—you’ve still got options. In this case, the next legal step is to apply to VCAT (the Victorian Civil and Administrative Tribunal) for a possession order.

A possession order is a legal ruling that gives the rental provider the right to take back the property. It’s not an eviction just yet, but it’s the first step toward one.

If VCAT grants the possession order and the renter still doesn’t leave, you can then ask the police (specifically the Victoria Police Civil Compliance Unit) to carry out a formal eviction.

Here’s the basic process:

1. Issue a valid notice to vacate.
2. Wait for the termination date.
3. Apply to VCAT if the renter hasn’t moved out.
4. If approved, receive a possession order.
5. If needed, request police assistance to enforce the eviction.

It’s important to let the legal process play out. Rental providers can’t remove renters themselves—doing so is unlawful and could lead to penalties.

More information on notice to vacate. 

Questions?