Ending a rental

When does a residential rental agreement end? 

A residential rental agreement may end when the:

• renter moves out (vacates premises);
• residential rental provider makes application, the Tribunal issues a possession order and the renter vacates the premises;
• residential rental provider obtains a possession order and purchases a warrant which results in the renter being removed from the premises.

In essence, therefore, a residential rental does not end until a renter has moved or is moved from, the premises.

This section covers when a rental agreement may end, requirements if the rental provider issues a notice to vacate, and reasons why a rental provider can issue a notice to vacate. This chaper also covers considerations for a client after a rental agreement has ended. 

In this section: 

• Renter ends a rental agreement: when a renter wants to leave the property 
• Ending a rental agreement due to hardship experienced by the renter: when a renter wants to end the agreement due to financial or other hardship 
• Rental provider ends a rental agreement: when a rental provider wants to evict 
• Overview of notices to vacate: reasons and relevant notice periods 
• Checking notices to vacate: validity requirements of a notice to vacate 
• Challenging notices to vacate: pre-emptive challenges and challenging a NTV at the Tribunal 
• Rent arrears: notices for being behind in rent and five strikes rule 
• Danger: notices for endangers safety of neighbouring premises 
• Threats and intimidation: notices for serious threats and intimidation 
• Serious damage: notices for intentional or reckless serious damage 
• Unfit for human habitation: notices for unfitness for habitation or total destruction or unsafety 
• Illegal use in public housing: notices for drug related conduct and illegal use of premises 
• Non-compliance with a VCAT order: notices for failure to comply or successive breaches 
• Sale of property: notices for premises being sold 
• Rental provider moving in: notices for premises to be occupied by rental provider or their family 
• Ending fixed term lease: notices for end of fixed term rental agreement of not more than 5 years 
• The reasonable and proportionate test: what is the new R&P test at the Tribunal, and understanding how to prepare for the R&P test if your client has to attend a hearing
• Goods left behind: what happens to a renters goods after they have been evicted or leave the property permanently 
• Residential tenancy databases: what are the rules around ‘blacklisting’ a renter after a rental is over 

• Housing services: where to get help for renters who don’t have anywhere to go if they are evicted