A fixed-term rental agreement will automatically be renewed as a periodic agreement at the end of the lease period if neither the tenant nor the rental provider ends the agreement. If the tenant and rental provider prefer, they can also agree to sign another fixed-term rental agreement instead.
There are certain requirements you and your rental provider must follow if either (or both) of you want to end the rental agreement.
If you want to end the rental agreement - You will usually need to give your rental provider a notice of intention to vacate. It will need to be given in writing and you will need to sign it. See Consumer Affairs Victoria to use their ‘Notice to rental provider of rented premises’ form. In this form, you will need to state the date you are leaving the premises and the reason you want to leave. The required minimum notice period will depend on the reason you provide.
If you want to end your rental agreement before it ends - This also known as a ‘lease break’ and you will usually need to pay ‘lease break’ fees. In some cases, you may not need to pay the fees (for example, if you transfer your agreement to someone else). Click here for more information.
If your rental provider wants to end the rental agreement - They must give you a notice to vacate and provide valid reasons for doing so. The notice period will depend on the reason your rental provider is giving in the notice to vacate. In some cases, you may be able to challenge a notice to vacate. Click here for free legal services you can access if you have received a notice to vacate.
If your rental provider wants to evict you - If your rental provider does not follow the below steps, it is an illegal eviction. Click here for more information. They must
Give you an official notice to vacate,
Apply to VCAT for a possession order,
Get a warrant of possession from VCAT,
Provide the warrant of possession to the police, which allows the police to evict you.
If you and your rental provider both want to end the rental agreement - It is recommended that this decision is put in writing. This agreement should include any costs/terms and conditions and the date the agreement ends. Both you and your rental provider should sign this agreement and you should make sure to keep a copy.
If you have a fixed term rental agreement, and neither you nor your rental provider give notice to end it, the rental agreement will automatically continue a month-by-month basis.
For more information about ending your tenancy, visit: Tenants Victoria