Tenant Counter-Notice Victoria — The 14-Day Early Departure Right

When you serve a 90-day no-fault notice to vacate in Victoria, the renter is not obliged to stay for the full period. Under section 91ZB of the Residential Tenancies Act 1997, the renter has the right to serve you a 14-day counter-notice and leave early — potentially much earlier than the date on your original notice.

This is not a defect in the process. It is a statutory right built into the system, and landlords need to plan for it.

When the Counter-Notice Right Applies

The 14-day counter-notice applies when the landlord has served a no-fault notice to vacate under any of these grounds:

• Owner or family move-in (s 91ZZA)
• Property sale (s 91ZZB)
• Major repairs or renovations (s 91ZX)
• Demolition (s 91ZY)
• Business change of use (s 91ZZ)
• Public purpose acquisition (s 91ZZC)

It does not apply to fault-based notices (rent arrears, damage, threats, illegal use). If you have served a 14-day notice for rent arrears, the renter cannot use a counter-notice to shorten it further.

How It Works

Once the renter receives your 90-day notice, they can respond at any time by serving you a 14-day "Notice of Intention to Vacate" using the prescribed CAV Form Part B. The termination date they set can be as early as 14 days from when they serve their counter-notice — which could be weeks or months before the 90-day date on your original notice.

The renter's counter-notice can also set a date that falls before the end of a fixed-term agreement, without incurring lease-break penalties. This is a specific statutory exemption.

What Happens to Rent

Rent liability ceases on the date specified in the renter's counter-notice. If they serve you a 14-day counter-notice and vacate on that date, they owe no further rent beyond it — even if your original 90-day notice still had weeks to run.

You cannot charge the renter for the remaining period between their departure and your original termination date.

Why This Matters for Property Sales

The counter-notice right has significant practical implications if you are serving a sale notice. You may be planning for the renter to stay until a certain date — perhaps coordinating with a settlement timeline or an auction date. If the renter counter-notices and leaves in 14 days, you get vacant possession much sooner than expected, which might be helpful but could also mean the property is empty (and earning no rent) for weeks or months before settlement.

Conversely, if you are counting on the renter's rent to cover mortgage payments during the sale period, an early departure changes your cash flow. Factor this into your financial planning when you serve the notice.

Planning for the Counter-Notice

There is nothing you can do to prevent a renter from exercising this right — it is statutory and unconditional for no-fault grounds. The best approach is to plan for both scenarios:

• The renter stays until the 90-day termination date
• The renter counter-notices and leaves in as few as 14 days

Make sure your sale timeline, settlement conditions, renovation schedule, or move-in plans can accommodate either outcome.

The Ending a Tenancy in Victoria guide covers the counter-notice right in detail, including how it interacts with fixed-term agreements, rent liability, and the property sale timeline.

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