If the landlord wants you to move out of the property, they must give you a valid Notice to Vacate. There are various reasons why your landlord can give you a Notice to Vacate. The length of the notice period depends on why the landlord is giving you the notice. In all cases you are not required to move out. The landlord or agent must apply to the Victorian Civil and Administrative Tribunal for a Possession Order if they want to evict you.

For most notices, you will receive a Notice of Hearing from the Tribunal and you can go to the Tribunal to put your side of the case. However, there is an alternative procedure which applies if you are in rent arrears or your fixed-term tenancy is coming to an end. See the Eviction leaflet for more information.

Even if the landlord is granted a Possession Order by the Tribunal, you cannot be evicted or locked out by the landlord or agent. Only a police officer can evict you, and only when they have been authorised to do so by an order of the Tribunal. See the Eviction leaflet for more information.

Immediate notice
An immediate Notice to Vacate can be given if the rented premises are destroyed or are unfit for human habitation. An immediate notice can also be given if you (or a visitor to your home)

• maliciously cause damage to the premises
• endanger the safety of neighbours

The Tribunal requires substantial proof from landlords in these cases. If you receive an immediate Notice to Vacate you should seek advice urgently from the Tenants Union.

Violence
There are new provisions in the Residential Tenancies Act 1997 allowing landlords on certain properties to give a Notice to Leave when a tenant or their visitor has been violent or is endangering the safety of another person on the premises. A Notice to Leave is not the same as a Notice to Vacate. It requires the tenant to stay away from the property for 2 business days, and allows the landlord to apply to the Tribunal for a Possession Order. If you receive a Notice to Leave, you should contact the Tenants Union or a tenant advice service urgently.

14-day Notice to Vacate
A 14-day Notice to Vacate can be given when

• the rent is 14 days in arrears
• you fail to pay your bond
• you sub-let the premises without the landlord's consent
• your lease has a condition prohibiting children living on the premises, and you are breaking that condition
• you use your home, or allow other people to use your home, for an illegal purpose
• you are a public tenant and you put a statement on your application form that you knew was false or misleading
• you fail to comply with a Compliance Order made by the Tribunal
• you have breached the Residential Tenancies Act 1997 on 2 previous occasions, and you breach the Act for a 3rd time

60-day Notice to Vacate
A 60-day Notice to Vacate can only be given to you when there is no fixed-term lease, or where the termination date on the notice is on or after the last day of the fixed-term lease.

The landlord can give you a 60-day Notice to Vacate when immediately after the date on the notice the premises are to be

• demolished
• used for a business or any other purpose except being rented as a residence
• occupied by the landlord, or by the landlord's spouse, son, daughter, parent or spouse's parent, or by someone who normally lives with the landlord and is dependent on the landlord
• sold with vacant possession
• repaired, renovated or reconstructed, and this cannot be done without the premises being vacant
• used for public purposes if it is public property

If the landlord serves a notice for any of the first four reasons above, they cannot re-let the property again for 6 months after you leave.

The landlord can also serve a 60-day Notice to Vacate for no reason if you have a fixed-term lease which was for a period of less than 6 months. The termination date on the notice must be the same day as the last day of the fixed term. If the notice for no reason is given in retaliation for you exercising your rights (eg asking for repairs), it is invalid. If you believe this is the case, you should contact the Tenants Union or a tenant advice service for assistance in challenging the notice.

90-day Notice to Vacate
The landlord can serve a 90-day Notice to Vacate when you have a fixed-term lease for 6 months or more, or when you have a periodic (month to month) tenancy. If the notice for no reason is given in retaliation for you exercising your rights (eg asking for repairs), it is invalid.

Leaving before the notice expires
If you decide to leave after receiving a 60 or 90-day Notice to Vacate, you must give only 14 days notice in writing to the landlord or agent. You do not have to stay until the end of the 60 or 90 days, except if you have a fixed-term lease. If you have a fixed-term lease, you must stay until the end of that lease, even if the notice ends on the same day as the end of your lease. However, you can always try to negotiate an agreement with your landlord or agent that you move out earlier. Make sure you get the agreement in writing signed by you and your landlord or agent.

The property is the landlord's principal place of residence
If your lease states that the property is the landlord's principal place of residence, the rules about notice are different. This a complex area of law and the amount of notice required depends on the circumstances. Contact the Tenants Union or a tenant advice service for more information if your lease contains these provisions.

Service & formal requirements of Notices to Vacate
A Notice to Vacate must be

• given to you personally
• left at your home with a person apparently over the age of 16 who appears to be living at the premises
• sent by certified or registered mail

The notice must be in writing, signed and dated by the landlord or agent, and must specify the reason you are being asked to leave (except in the case of 60 or 90-day Notices to Vacate for no reason). If the notice is sent by mail, the date on the notice must take account of the time that it would take to get to you (ie 2 days).
For more information, contact the Tenants Union on % (03) 9416 2577.