If the landlord wants you to move out of the property, they must give you a valid Notice to Vacate. The Residential Tenancies Act (RTA) sets out a number of different circumstances where a tenant can be given a notice to vacate, and the length of the notice period depends on why the landlord is giving you notice and whether or not you have a fixed-term tenancy agreement.
The RTA also allows landlords to give a notice to vacate for no specific reason.
The TUV believes there is no good reason for no reason notices to vacate. If a landlord wants a tenant to vacate then, by definition, there is a reason and it should be transparent and open to scrutiny. Being forced to vacate premises is often a disruptive and difficult experience, particularly for families and for low income and disadvantaged tenants – it should not occur without a good reason.
Unfortunately no reason notices are sometimes used in a retaliatory fashion when tenants have exercised their rights under the RTA.
The TUV believes that no reason notices to vacate should be abolished.
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You can tell the Government that they should abolish no reason notices to vacate.
Right now the Victorian Government is reviewing the key renting legislation that affects your rights and responsibilities as tenants (Residential Tenancies Act 1997). This means that now is the perfect time to have your say. You can help us make a difference for all people renting in Victoria by adding your voice in support.
Send an email via the form below. You can add to our message or write your own.
Evicting a tenant for no reason
To the Residential Tenancies Act review,
The Residential Tenancies Act (RTA) currently sets out a number of legitimate scenarios where a tenant can be given a notice to vacate; however section 263 allows tenants to be forced to vacate for no specific reason.
If a landlord wants a tenant to vacate then, by definition, there is a reason and it should be transparent and open to scrutiny. Being forced to vacate premises is often a disruptive and difficult experience, particularly for families and vulnerable groups – it should not occur without a good reason.
I urge you to consider abolishing section 263 of the RTA that permits no reason notices to vacate.