How can a tenancy agreement be terminated in Victoria?
Even if the tenancy is for a fixed term, the tenant must give notice in writing or the landlord must give a Notice to Vacate if the tenant is to move out at the end of the fixed term. If neither party gives notice to end the tenancy, the agreement automatically becomes a periodic tenancy agreement (e.g. month-to-month, etc. depending on the interval at which rent is paid).
Generally a fixed term tenancy cannot be terminated before the end date set out in the agreement, unless the parties agree to end the tenancy early. In the case of a periodic tenancy, if there are no specific grounds for ending the tenancy, the tenant must give the landlord 28 days written notice to terminate, and the landlord must give the tenant 120 days written notice.
Can a tenant assign the rental agreement or sublet the premises?
The tenant must get the landlord's written permission before assigning or subletting the premises or any part of the premises. The landlord must give permission unless there is good reason to refuse. It is illegal to charge a fee for giving permission.
On what grounds can a landlord evict a tenant?
A tenancy can be terminated and a tenant evicted for a number of reasons, including failure to pay the rent, damage to the premises or common areas, behaviour which endangers neighbours or others in the vicinity, illegal activity on the premises, and breach of the terms of the tenancy agreement.
If the landlord wants to end the tenancy and remove the tenant, they must first serve the tenant with a Notice to Vacate. If the notice period expires and the tenant has not left, the landlord can seek an order for possession, which enables the police to carry out an eviction.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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