How Much Notice Do You Need to Give to Break a Lease in Victoria?

Breaking a lease in Victoria requires tenants to follow specific notice periods, depending on the type of lease they are breaking. These notice periods are set out in the Residential Tenancies Act 1997 (VIC) and are designed to ensure that both tenants and landlords have enough time to make necessary arrangements. In this article, we’ll guide you through the notice periods for fixed-term and periodic leases, as well as explore the consequences of failing to give the proper notice.

If you’re looking to break your lease, we’ll also show how Leaso.com can help streamline the process of finding a replacement tenant, helping you avoid fees and penalties.

If you’re breaking a fixed-term lease—a lease with a specified end date—the notice period you need to give will depend on whether you're leaving at the end of the lease or breaking it early.

At the natural end of your fixed-term lease, you are required to give at least 28 days' notice before vacating the property. This is a standard requirement under Victorian law, and the notice must be given in writing to your landlord or property manager. Make sure the notice includes:

This gives your landlord enough time to find new tenants and avoid vacancies .

If you need to break your fixed-term lease before the agreed end date, you are still required to give 28 days' notice. However, in this case, you may also be responsible for paying additional fees, such as break fees or re-letting fees. Break fees are typically outlined in your lease agreement and are designed to compensate the landlord for lost rental income. These fees are:

If you can find a new tenant to take over the lease quickly, you may be able to avoid or reduce these fees. We’ll explain how to do this using Leaso.com later in this article.

If you’re on a periodic lease (also known as a month-to-month lease), the notice period is generally the same as for fixed-term leases. You will need to give your landlord at least 28 days' notice before vacating the property .

Periodic leases give tenants more flexibility, as there is no fixed end date. However, landlords in Victoria can also give you 60 days' notice to vacate under certain conditions, such as if they intend to sell the property or make major renovations .

There are some circumstances where tenants can break their lease early without being penalised or having to provide a full 28 days’ notice. These are special cases protected under the Residential Tenancies Act 1997 (VIC):

If your rental property becomes uninhabitable due to damage (such as from a natural disaster, fire, or severe structural issues), you can break your lease with as little as 2 days’ notice. Victorian law ensures that tenants are not required to live in unsafe or unhealthy conditions.

Victims of family violence have the right to break their lease early without penalty. You can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order to terminate your lease. If approved, you can vacate the property immediately without facing financial consequences.

Giving the proper notice is crucial to avoid penalties. Here’s a quick guide to ensure you’re following the correct steps when vacating your rental property:

Your lease agreement will specify the notice period required to vacate and any penalties for breaking the lease early. Always check for any additional conditions.

Send your notice to vacate in writing. Include the following details:

It’s a good idea to send this notice via registered mail or email, so you have proof that the notice was received .

If you don’t provide the required notice, you could face significant financial penalties, as well as complications with your landlord. Here are the possible outcomes:

If you fail to provide adequate notice, you may still be responsible for paying rent until the required notice period has passed or until a new tenant is found. This could result in you paying for additional weeks of rent after you’ve already vacated.

Landlords are allowed to charge re-letting fees to cover the cost of finding a new tenant. This could include advertising costs and agent fees, which typically amount to one or two weeks' rent.

Landlords may report tenants who break their lease without following the correct procedure to tenancy databases. This could make it harder for you to secure rental properties in the future.

Even if you don’t have a valid legal reason to break your lease, you can minimise or avoid penalties by finding a replacement tenant. Leaso.com is an excellent platform for this, allowing you to connect with renters who are actively searching for properties and ready to take over your lease.

Here’s how Leaso.com can help you:

Using Leaso.com can help you avoid the burden of ongoing rent payments and additional fees, ensuring a smooth transition .

Breaking a lease in Victoria requires following specific notice periods, but understanding the rules can help you avoid unnecessary costs. Whether you’re in a fixed-term or periodic lease, providing 28 days' notice is typically required, unless you have special circumstances. If you’re looking to break your lease early, using tools like Leaso.com to find a replacement tenant can help minimise penalties and ensure a smooth exit from your rental property.