Lawful Grounds for a Notice to Vacate in Victoria: Every Reason Explained

Since 25 November 2025, a landlord in Victoria cannot end a tenancy without citing one of the specific grounds listed in Part 2, Division 9 of the Residential Tenancies Act 1997. There is no catch-all, no "no-reason" option, and no ground based simply on the end of a fixed-term lease.

Here is every ground currently available, what each one requires, and what was removed.

Fault-Based Grounds

These arise from the renter's conduct or breach of the tenancy agreement. Notice periods are shorter because the renter is at fault.

Immediate notice (0 days):

• Serious damage (s 91ZI) — intentional or reckless damage to the property, safety equipment, or common areas. Evidence: incident reports, repair estimates, photographs.
• Danger (s 91ZJ) — conduct that endangers neighbours, the landlord, agents, or contractors. Evidence: police reports, statutory declarations from affected parties.
• Premises unfit or destroyed (s 91ZL) — total destruction or the property is unsafe for habitation. Evidence: structural engineer reports, insurer certificates.

14 days' notice:

• Threats and intimidation (s 91ZK) — serious threats toward the landlord, agent, or contractors. Evidence: police event records, written logs, communications.
• Rent arrears (s 91ZM) — rent unpaid for 14 or more days. Evidence: complete rental payment ledger. Note: if the renter pays the full balance before the termination date, the notice is void for the first through fourth occurrence in a 12-month period. On the fifth occurrence, the notice remains valid even if the renter pays.
• Unpaid bond (s 91ZN) — failure to pay the agreed bond. Evidence: tenancy agreement, RTBA deposit status.
• Failure to comply with VCAT order (s 91ZO) — non-compliance with a prior tribunal order. Evidence: certified VCAT order and proof of non-compliance.
• Successive breaches of duty (s 91ZP) — a third breach of the same duty after two prior Breach of Duty notices. Evidence: copies of both prior notices and service proof.
• Illegal use (s 91ZQ) — using the premises for illegal purposes. Evidence: police search warrants, charge sheets.
• Unauthorised subletting (s 91ZV) — assigning or subletting without written consent. Evidence: sublease advertisements, unauthorised occupant statements.
• Prior principal residence (s 91ZW) — the landlord lived in the property immediately before the tenancy and the agreement states they will return at the end of the first or second fixed term. Evidence: the tenancy agreement containing the clause.

28 days' notice:

• Non-compliance with pet exclusion order (s 91ZZG) — the renter has not complied with a VCAT order excluding a pet within 14 days. Evidence: certified VCAT pet exclusion order and breach evidence.

No-Fault Property-Use Grounds

These arise from the landlord's circumstances, not the renter's conduct. All carry a minimum 90-day notice period under the current rules.

• Owner or family move-in (s 91ZZA) — you or an eligible immediate family member will occupy the property. Evidence: witnessed statutory declaration naming the occupant and their relationship, with acknowledgement of the 6-month re-letting restriction. Corporate landlords cannot use this ground.
• Property sale (s 91ZZB) — the property is sold, listed, or subject to a contract requiring vacant possession. Evidence: signed contract of sale, exclusive sales agency authority, or conveyancer-drafted contract.
• Major repairs or renovations (s 91ZX) — works that cannot physically be done while the renter lives there. Evidence: photographs of the required works plus a written contract or quote from a licensed tradesperson.
• Demolition (s 91ZY) — planned total demolition. Evidence: a building demolition permit issued by the relevant council or a private building surveyor, plus a builder's contract.
• Change to business use (s 91ZZ) — converting the property from residential to commercial. Evidence: planning permit plus a statutory declaration of intended business use.
• Public purpose acquisition (s 91ZZC) — government acquisition for infrastructure. Evidence: official notice of compulsory acquisition.

For all no-fault grounds on a fixed-term tenancy, the notice expiry date cannot fall before the fixed term ends.

What Was Abolished

Sections 91ZZD and 91ZZDA — the "no-reason" end-of-fixed-term notice — were repealed effective 25 November 2025. A notice to vacate served on or after that date that relies on the end of a fixed term alone is void.

Valid notices served before 25 November 2025 remain governed by the superseded rules under section 534 transitional provisions.

The Re-Letting Restriction

Sections 91ZZA (owner move-in), 91ZZB (sale), 91ZX (repairs), 91ZY (demolition), and 91ZZ (business use) all carry a six-month ban on re-letting the property from the date the notice was given. Re-letting within that window without a VCAT exemption is a statutory offence.

The Victoria Ending a Tenancy guide maps every ground to its notice period, prescribed form, evidence attachments, and VCAT filing deadline in a single reference — so you know exactly what your specific situation requires before you serve anything.

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