Ending a Tenancy in Victoria: What Landlords Need to Know

The rules for ending a tenancy in Victoria changed substantially on 25 November 2025. If your last experience with tenancy termination was before that date, much of what you knew no longer applies.

Fixed-Term Leases No Longer End Automatically

Under section 91Q of the Residential Tenancies Act 1997, a fixed-term agreement that expires without a new agreement or a valid notice to vacate rolls over into a periodic (month-to-month) tenancy on the same terms. The end date on the lease is not a termination date. The renter has no obligation to leave just because the fixed term is over.

Before the 2025 reforms, landlords could issue a 60-day "no-reason" notice to vacate at the end of a fixed term under sections 91ZZD and 91ZZDA. Those sections have been repealed. You now need a specific statutory ground to end the tenancy — whether it is fixed-term or periodic.

The Statutory Grounds

Every termination must be based on a ground listed in Part 2, Division 9 of the RTA. The grounds fall into two categories.

Fault-based grounds arise from the renter's conduct: serious damage, danger, property destruction, threats, rent arrears of 14+ days, unpaid bond, breach of a VCAT order, three successive breaches of the same duty, illegal use, or unauthorised subletting. Notice periods range from immediate (serious damage, danger, destruction) to 14 days (most others).

No-fault property-use grounds arise from the landlord's circumstances: owner or family moving in, property sale, major repairs, demolition, change to business use, or government acquisition. All carry a minimum 90-day notice period under the current rules — up from 60 days before the reform.

For no-fault grounds, the notice expiry date cannot fall before the end of a fixed-term agreement. If your renter's lease runs until March 2027 and you want to sell, the 90-day notice period must expire on or after that March date.

Periodic Tenancies

Ending a periodic tenancy follows the same ground-and-notice structure. There is no separate "end of period" mechanism. You identify your ground, serve Form RT3 with the correct evidence, and wait out the statutory notice period.

The renter can also end a periodic tenancy by giving you a 28-day Notice of Intention to Vacate. If you have already served a 90-day notice for owner move-in, sale, major repairs, or demolition, they can respond with a shorter 14-day counter-notice and leave early without lease-break fees.

The Process from Start to Finish

1. Identify your ground and confirm it is a current statutory reason
2. Gather evidence — each ground has prescribed documentary requirements (statutory declarations, sales contracts, rental ledgers, building permits)
3. Complete Form RT3 from Consumer Affairs Victoria with every required field
4. Calculate the termination date — exclude the service day, add any postal buffer, count the full notice period, and set the termination date to the day after the last day
5. Serve the notice by hand, registered post, or email with prior written consent
6. Wait for the notice period to expire — the renter may choose to leave before the date, or may stay
7. Apply to VCAT for a Possession Order within 30 days of the termination date if the renter stays
8. Attend the VCAT hearing — the tribunal applies a "reasonable and proportionate" balancing test
9. Obtain a Warrant of Possession if the renter remains after a Possession Order, executed by Victoria Police

Each step has specific procedural requirements. An invalid notice or defective service can force you to restart the notice stage.

Key Timelines

For a 90-day no-fault notice served by registered post, add approximately 4 business days for postal delivery before the 90-day count starts. Factor in the 30-day VCAT filing window and a 12-week hearing backlog, and the realistic timeline from serving notice to hearing is roughly five to six months.

For a 14-day fault-based notice served by hand, the timeline is tighter, but the hearing backlog still applies unless the matter qualifies for urgent listing.

What the 2025 Reforms Changed

• No-reason evictions at end of fixed term: abolished
• Notice periods for no-fault grounds: 60 days → 90 days minimum
• Evidence requirements for no-fault grounds: strengthened (mandatory statutory declarations, sales evidence, building permits)
• Re-letting restriction: six-month ban on re-advertising or re-letting after an owner move-in, sale, repairs, demolition, or business-use notice
• Fixed-term expiry: automatic rollover to periodic unless terminated under a statutory ground

The Victoria Ending a Tenancy guide covers every ground, every evidence requirement, and every date calculation in a single printable document — updated for the current October 2026 rules.

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