Notices to Vacate: an overview

What is a notice to vacate? 

A notice to vacate is the first legal document which begins the eviction process. 

It’s important to know that a notice to vacate is only the first step in the eviction process. If the renter receives one, they do not have to leave. Rather, a renter can stay in the property and have the Victorian Civil and Administrative Tribunal (also known as VCAT) decide whether they need to move out.  

Under the law, there are certain requirements a notice to vacate must meet, including: 

1. Must be in a certain form. Notices cannot be given verbally, by text message or written in the body of an email.
2. Must contain the reason for giving the notice to vacate (see more about reasons for giving a notice to vacate below).  
3. Must give a minimum notice period. This is known as the ‘termination date’ on the notice to vacate. The minimum notice period timeframes are set out in the law (see the table below). 
4. Must be correctly given, or ‘served’, on the renter. A notice to vacate must be delivered by hand, registered post or by email if the renter has agreed to receive correspondence by email. 
5. Must include required evidence. By law, some notices must include certain information or documents. For example, a notice to vacate issues on the basis of sale must be accompanied by a signed or prepared contract of sale, or an authority to sell.

VCAT will decide whether the notice to vacate has met the legal requirements. If a notice to vacate does not meet the legal requirements, it will not be valid and the eviction will not proceed. The rental provider will need to issue a new notice to vacate if they want to proceed with an eviction. 

What are the reasons that a notice to vacate can be given? 

The law sets out all the reasons that a rental provider (previously called a ‘landlord’) can give a notice to vacate to a renter. The rental provider cannot give a notice to vacate for no reason.  

The reason listed on the notice to vacate corresponds with a minimum notice period that the rental provider must give the renter to vacate. This minimum notice period should be listed under ‘termination date’ section on the notice to vacate. The termination date is important because if your client doesn’t move out by this date, your client might have to go to VCAT for a hearing which will determine whether or not they can stay in the property. The minimum notice period timeframes are set out in the law. 

We’ve provided some of the common reasons for giving a notice to vacate and corresponding minimum notice periods. Note that the timeframes listed below are for general tenancies, not rooming houses. Notice periods in rooming houses are generally shorter.

In some instances, a rental provider may give a renter an ‘immediate’ notice to vacate. This means that if the renter doesn’t leave immediately, the matter will be listed for hearing at VCAT as a priority. 

What happens after a notice to vacate is given?

If a renter stays in the property, the rental provider can apply to VCAT for a ‘possession order’. This means that a hearing will be listed sometime after the termination date. 

Read our Guide to VCAT hearings processes for more information about how to prepare your client for a hearing, including adjournments, missed hearings, and what happens if a possession order is made. 

The content on the Workers’ Resource Hub is legal information for general guidance and not legal advice. The content on this webpage was last updated in August 2023. See full disclaimer and copyright notice.