Breaking a lease in Victoria isn’t always straightforward, and understanding how much notice you need to give is key to avoiding penalties. Whether you’re ending a fixed-term or periodic lease, the Residential Tenancies Act 1997 (VIC) specifies the legal requirements for providing notice and exiting a tenancy agreement early.
In this article, we’ll cover everything you need to know about the notice periods, financial obligations, and how Leaso.com can help you find a replacement tenant quickly.
Notice Periods for Breaking a Fixed-Term Lease in Victoria
For tenants with a fixed-term lease (where the rental agreement has a set end date), providing the right amount of notice is crucial to ensure you’re not breaching the lease and facing penalties.
Standard End of a Fixed-Term Lease
If your lease is approaching its natural end, Victorian law requires you to give at least 28 days’ notice if you plan to move out when the fixed term expires. This gives your landlord enough time to prepare for new tenants and ensures you meet your legal obligations.
Make sure your notice is in writing and includes:
Your name and the address of the property.
The date you intend to vacate.
A clear statement that you’re ending the lease.
Your signature.
Breaking a Fixed-Term Lease Early
If you want to break a fixed-term lease early, the notice period remains 28 days, but you may also be liable for additional fees. Victorian law allows landlords to charge tenants a break fee to cover costs associated with finding a new tenant and lost rental income. These break fees usually depend on the time remaining on your lease:
Four weeks’ rent if you are less than halfway through your fixed term.
Two weeks’ rent if you are more than halfway through your fixed term .
Notice Periods for Periodic Leases in Victoria
If you’re on a periodic lease (which rolls over month-to-month after the fixed term ends), the notice period is slightly different.
Standard Notice for Periodic Leases
In Victoria, tenants on periodic leases must provide at least 28 days' notice to their landlord when they intend to vacate. This notice should also be provided in writing and clearly state the date on which you plan to leave the property .
Breaking a Periodic Lease Early
If you break a periodic lease without providing the full 28 days’ notice, you may be responsible for paying rent until the end of the notice period or until a new tenant is found. Leaso.com can help you find a tenant quickly to minimise ongoing rent payments and ensure you comply with the law.
H2: How to Provide Proper Notice When Breaking a Lease
To avoid disputes and penalties, it’s essential to follow the correct process for providing notice when breaking a lease. Here’s a step-by-step guide:
1. Review Your Lease Agreement
Your lease agreement should clearly outline the notice period required to end the tenancy and any potential fees. Victorian leases typically specify 28 days for both fixed-term and periodic agreements.
2. Provide Written Notice
Always provide written notice to your landlord or property manager. Your notice should include:
Your full name and contact details.
The address of the property.
The date you plan to vacate.
A clear statement of your intent to terminate the lease.
It’s important to deliver this notice via email or registered mail to ensure there’s a record of it being received.
3. Find a Replacement Tenant Using Leaso.com
If you want to break your lease early, one of the best ways to reduce your financial liability is to find a new tenant. Leaso.com is the ideal platform for this, helping you:
Advertise your property: Create a detailed listing that highlights your property’s features.
Connect with renters: Leaso.com matches your listing with verified renters who are actively looking for properties, speeding up the process.
Schedule viewings: Communicate with potential tenants and arrange viewings through the platform, making the process seamless.
By finding a new tenant quickly, you can minimize the time the property is vacant and potentially avoid paying break fees altogether.
What Happens If You Don’t Provide Enough Notice?
Failing to provide the required notice when breaking a lease in Victoria can have serious consequences. Here’s what you could face if you don’t follow the legal requirements:
Ongoing Rent Payments
If you leave the property without providing the proper notice, you may still be responsible for rent payments until the notice period ends or a new tenant is found. This could result in paying rent for weeks or even months after vacating, depending on how long it takes the landlord to find a replacement.
Re-letting and Advertising Fees
Landlords in Victoria can charge re-letting fees to cover the cost of advertising the property and using an agent to find a new tenant. This fee is typically equal to one or two weeks' rent, depending on the situation .
Damage to Your Rental History
If you break your lease without following the correct legal process, your landlord may report you to tenancy databases, which could make it harder for you to secure a rental property in the future.
How Leaso.com Can Help You Break a Lease Cost-Effectively
Breaking a lease can be costly, but using Leaso.com to find a replacement tenant can help you avoid many of the fees and ongoing rent payments. Here’s how Leaso.com can assist you:
Advertise Your Property: Create a detailed listing that showcases your property’s features, such as location, amenities, and availability.
Connect with Renters: Leaso.com’s smart matching system pairs your listing with renters who are actively searching for properties in your area.
Schedule Viewings: The platform makes it easy to chat with potential tenants and organise viewings, speeding up the leasing process.
By finding a tenant quickly through Leaso.com, you can avoid paying for an extended vacancy, re-letting fees, and possibly even break fees.
Conclusion
Breaking a lease in Victoria requires careful planning and adherence to legal notice periods. Whether you're exiting a fixed-term or periodic lease, giving the correct notice and following the proper procedures will help you avoid penalties and protect your rental history.
By using Leaso.com, you can find a new tenant quickly, minimising your financial obligations and ensuring a smooth exit from your lease.