On this page: This page outlines what you need to do when ending your tenancy.
Ending your Tenancy
What do you need to do when you want to leave a tenancy
A lot has changed in tenancy laws, we have included an excerpt here from the Tenants Victoria website. Please remember that the VALS Civil and Human Rights practice acts for tenants facing eviction and those with problems around the condition of their property. If you need advice, help or representation, call us on 9418 5900.
Your tenancy ends when you move out and hand in the keys. You need to pay rent until the notice period ends or longer if you still have the keys. You have to leave the place ‘reasonably’ clean but this does not mean you have to steam clean the carpets or pay for professional cleaners.
New rental laws
New rental laws came into effect from 29 March, 2021. There have been considerable changes in this area.
Notice of intention to vacate
The normal 28-day process for a notice of intention to vacate remains unchanged if you are leaving when the tenancy is a periodic tenancy that runs week to week or month to month, on or after the last day of a fixed term agreement.
Exit condition reports
Exit condition reports are now done when a renter leaves a property. These must occur within 10 days after the tenancy has ended, and the rental provider (landlord) must give the renter reasonable opportunity to attend. It is still a good idea to take extensive photos when moving in or out a property.
Reduced notice of intention to vacate
There has also been much change in relation to the renter giving a reduced notice of intention to vacate. A 14-day notice can now be given regardless of whether the termination date is before or after the fixed term agreement. This applies in the following circumstances:
- When a renter with special or care needs must leave to get care: evidence is required with the notice of intention to vacate
- The renter receives an offer from the director of housing or of a community house: evidence is required with the notice of intention to vacate
- The renter needs to access temporary crisis accommodation: evidence is required with the notice of intention to vacate
- The rental provider serves a ‘notice of intention to sell’ and the renter was not notified under the disclosure obligations at the start of the tenancy (Residential Tenancies Act 1997, section 86(1))
- If the renter has been given a notice to vacate under sections 91ZX-91ZZE of the Residential Tenancies Act 1997.
(Source: Tenants Victoria, 2021)