No-Reason Eviction Banned Victoria — What Landlords Do Now

Since 25 November 2025, it is no longer possible to end a tenancy in Victoria without specifying a reason. Sections 91ZZD and 91ZZDA of the Residential Tenancies Act 1997 — which allowed landlords to issue a 60-day notice at the end of a fixed-term agreement without giving any ground — have been formally repealed.

This is the single biggest change to Victorian tenancy law in recent memory, and it fundamentally alters how landlords approach the end of a fixed-term lease.

What Changed

Under the old rules, when a fixed-term lease was approaching its end date, a landlord could serve a 60-day notice to vacate and the renter had to leave. No reason was needed. No evidence was required. The notice alone was enough.

That mechanism no longer exists. When a fixed-term agreement expires now and neither party has taken action, the tenancy automatically rolls into a periodic (month-to-month) agreement under section 91Q of the RTA. The renter stays. The terms stay the same.

What Grounds Are Still Available

Ending a tenancy still has clear lawful pathways. What has changed is that every one of them requires a specific statutory ground, proper documentation, and in most cases, supporting evidence:

No-fault property-use grounds (90-day notice):

• Owner or family move-in (s 91ZZA) — you or an eligible family member intend to occupy the property immediately after the renter leaves
• Property sale (s 91ZZB) — the property is sold, listed, or subject to a contract requiring vacant possession
• Major repairs or renovations (s 91ZX) — works that physically cannot proceed while the property is occupied
• Demolition (s 91ZY) — planned total demolition of the property
• Business change of use (s 91ZZ) — converting the property from residential to commercial use
• Public purpose acquisition (s 91ZZC) — a public authority requires the property for a public purpose

Fault-based grounds (14-day notice or immediate):

• Rent arrears of 14 days or more (s 91ZM)
• Serious damage, danger, or threats (ss 91ZI, 91ZJ, 91ZK)
• Illegal use of the property (s 91ZQ)
• Successive breaches of duty — third breach of the same obligation after two prior breach notices (s 91ZP)
• Unauthorised subletting or assignment (s 91ZV)

Each of these grounds has its own notice period, prescribed evidence requirements, and procedural rules. A notice served without the correct evidence attachments is void under section 91ZZO.

What This Means in Practice

If you own a rental property in Victoria and your fixed-term lease is ending, you have three options:

1. Offer a new fixed-term agreement. If you want to keep the renter but on updated terms, negotiate a new lease before the current one expires.

2. Let it roll into periodic. If you have no immediate need to end the tenancy, let the agreement convert to month-to-month. You can serve a notice later when you have a genuine statutory ground.

3. Serve a notice on a genuine ground. If you need to sell, move in, renovate, or demolish, you can serve a 90-day notice with the required evidence. If the renter has committed a fault-based breach, you can serve the appropriate shorter notice.

What you cannot do is end the tenancy simply because you want a new renter, want to reset rent to market rates, or want to use the property differently without a qualifying ground.

The Enforcement Reality

Landlords who serve a notice to vacate without a valid ground — or who cite a ground they cannot substantiate with evidence — risk having the notice declared void at VCAT. The renter can challenge the notice, and if the tribunal finds the stated ground is not genuine, the notice is struck out. Under section 91ZZI, a notice served in retaliation for a renter exercising their rights (requesting repairs, applying for a rent assessment, joining a renter union) is also automatically invalid.

The Ending a Tenancy in Victoria guide walks through every available ground, what evidence each one requires, and how to calculate the correct notice period — all updated for the current post-November 2025 framework.

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