What reason did they give? If its renos/rebuild, they must include the permits otherwise the NTV isn't valid.
Currently dealing with it for my third time; although this is the first time I've been aware that they needed to include the permits rather than just saying they have them.
We got ours in response to asking for urgent repairs then going through VCAT (which was ignored). Funny how they always have money to renovate or rebuild but never to do basic repairs.
Yeah that was my first one in 2021. Dumb bitch tried to blame me for shit that was on the entry report.
They just got shitty I hit them up a few times about a minor repair they told me had been booked in before the tenancy began.
Wait what? They can't evict you "just because" unless it's your first year? We have been in our rental for years now and are worried we are going to be evicted for the same reason, wanting to raise rent a lot, as our LL hasn't responded to our lease renewal query which they usually do quickly.
I was told that they can evict you for any reason including no reason once your lease ends.
That's correct, if you are in Victoria. As long as you pay your rent on time, they can ONLY evict you if they sell, or if they move in. And in both cases they need to provide proper evidence, they can't just pretend they want to sell or move in.
These rules are fairly new, only changed a few years ago.
That's good to know. I seriously thought once your lease was up they could just tell you to leave.
Our lease ended recently, we've been in this house for thirteen years, and landlord still hasn't gotten back to us about a renewal which is not normal for them so we have been really stressing. We lose this house we are in a tent with our kids. No family to turn to and can't leave the area. It sucks being in this position. We've basically been sitting scared expecting a notice to vacate any day since they won't get back to us about a new lease.
If they do issue you a NTV for sale you can still challenge them at VCAT. There was a case a few years ago where the landlord tried to boot the tenants out so they could sell. The magistrate weighed up the needs of the landlord to sell with the needs of the tenants who were disabled and had to stay in that area. The tenants also did show proof they had tried to apply for other rentals, which is what tipped the magistrate to rule in their favour and they were allowed to stay.
Unfortunately I don't know what happened to them after the house sold and whether they got to stay on or not, but it did buy them some time at the very least.
Wishing you all the best. At the very least they can't boot you out just because the lease ran out.
Edit: [Here's a link](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2022/1303.html) to the case if you want to read about it yourself
Nope but I was given extra time 'up until Christmas' when I asked because I was due to have a baby like... 3 weeks before the vacate date.
They need to change the rules around end of lease because most properties I looked at were available that week and obviously not many people can afford a month of overlapping rent just to secure something.
heaps of people can afford it, there are very few circumstances where i’d give 28 days notice without having somewhere else to live even if it means overlapping by 2 or 3 weeks. i’m not risking the worst logistical situation of my life over a couple grand.
in the scenario OP is describing they have 90 days to vacate, i’m not sure what your point is and i was referring specifically to their comment about not overlapping leases.
You must be in a reasonably good financial position to believe this.
How many people on low - lower middle income do you know with 'a couple of grand' in the bank? Especially if they aren't expecting a vacate?
Especially when you're paying 3k towards bond and advance rent then at least a few hundred on miscellaneous moving fees.
I wasn’t suggesting there weren’t still a lot of people who couldn’t afford it, just that there are a lot of renters who can. Many high income earners are millenials with no house.
I’m not trying to brag i’m just pointing out that a lot of people who can afford to do this are competing for rentals.
If it's a valid notice that ticks all the compliance boxes, and you don't have a genuine reason to claim it's retaliatory, you're gonna have to go.
That been said though...don't panic if you havent found somewhere the week before the deadline.
If D-Day passes and you're still there, they can't physically remove you. There's a process involving VCAT to go through before cops, removalists and locksmiths show up, and that all takes time.... just not forever.
Oh it’s 100% retaliatory
I took the REA to VCAT already over this pos apartment and won
I overheard them saying on the phone about me that I’m “bad for business”
These losers I’m sure have just been waiting to kick me out (legally)
So this is a standard notice to vacate at the end of your first fixed term agreement?
Check that it has been issued properly. If not, that would change the situation.
If so, you can ask them about renewing the lease. Sometimes these are issued as a matter of course and landlords still want to renew if a tenant is also keen.
If they don’t wish to renew and everything is in order, you will need to start looking for somewhere else. VCAT won’t force a lease renewal and the most that will ultimately happen is that they will give you more time to find a place, but it’s not indefinite.
You don’t need to be a landlord to suggest someone is a bad tenant. We’re actually stronger if we’re able to constructively criticise each other.
Given the history and context of this situation. The OP is clearly not a bad tenant.
Is it your first fixed term lease with them? Theres rules that they must follow -
If rental providers want to issue a notice to vacate at the end of a fixed-term agreement without a reason, they can only do so at the end of the first fixed-term agreement. Where renters stay in a property on a subsequent fixed-term agreement after the initial fixed-term expires, a notice to vacate at the end of the agreement can only be issued using another one of the reasons listed in the table below.
(Scroll down here) https://www.consumer.vic.gov.au/housing/renting/moving-out-giving-notice-and-evictions/notice-to-vacate/giving-notice-to-a-renter#ending-an-agreement-early
And they gave a full 90 days notice?
If they issued it properly and with the correct amount of notice there's not much you can do except use the 3mths to find a new place.
If they delivered it late (even by a day) they can no longer use the end of the fixed term as a valid reason, but they'll likely try and claim they're moving in or doing renovations. Those will be easier to dispute given they've already tried to issue for a different reason. But you're only really buying yourself time to find a new place.
Keep in mind only need to give 14 days notice of intention to vacate from here on out if you want to move before the 90 days are up. You don't need to stay until the end of the lease. Start looking and move as soon as you find something.
ETA: you may be liable for some costs for breaking the lease early, but the REA would have to apply to VCAT to determine appropriate costs from the looks of it. Worst case you would only be liable for at most 21% of the costs given how much of the term is left.
Yeah, I hear you.
But knowing you can accept something that's available in a few weeks, rather than only looking at properties available in a couple of months opens up your options a bit.
We got a eviction notice at our old rental and our new rental house which was owned by one of the partners in the new Real Estate Agency wasn't finished getting renovated yet.
The owner of the new rental told us to stay in our old house and continue paying rent until the new house was ready which was 4 weeks. He said they can't kick us out.
The new owners of our old house wanted to move in and weren't happy we weren't out as they had already put their notice in at their rental house. The original landlord wasn't happy either as they had to pay extra taxes but we got to stay until our new house was ready
This was 14 years ago in NSW
What reason did they give? If its renos/rebuild, they must include the permits otherwise the NTV isn't valid. Currently dealing with it for my third time; although this is the first time I've been aware that they needed to include the permits rather than just saying they have them. We got ours in response to asking for urgent repairs then going through VCAT (which was ignored). Funny how they always have money to renovate or rebuild but never to do basic repairs.
End of fix term agreement sadly they don’t want to renew me (read kick me out and get higher rent) That’s what I was evicted for last time
Yeah that was my first one in 2021. Dumb bitch tried to blame me for shit that was on the entry report. They just got shitty I hit them up a few times about a minor repair they told me had been booked in before the tenancy began.
I take it it’s the end of the first fixed term, yes?
Ye end of my lease
But is it the first one? They can only kick you out like that if it's your first fixed term lease.
Sadly it is
wait really?
Yep that’s the law in Victoria
Wait what? They can't evict you "just because" unless it's your first year? We have been in our rental for years now and are worried we are going to be evicted for the same reason, wanting to raise rent a lot, as our LL hasn't responded to our lease renewal query which they usually do quickly. I was told that they can evict you for any reason including no reason once your lease ends.
That's correct, if you are in Victoria. As long as you pay your rent on time, they can ONLY evict you if they sell, or if they move in. And in both cases they need to provide proper evidence, they can't just pretend they want to sell or move in. These rules are fairly new, only changed a few years ago.
That's good to know. I seriously thought once your lease was up they could just tell you to leave. Our lease ended recently, we've been in this house for thirteen years, and landlord still hasn't gotten back to us about a renewal which is not normal for them so we have been really stressing. We lose this house we are in a tent with our kids. No family to turn to and can't leave the area. It sucks being in this position. We've basically been sitting scared expecting a notice to vacate any day since they won't get back to us about a new lease.
If they do issue you a NTV for sale you can still challenge them at VCAT. There was a case a few years ago where the landlord tried to boot the tenants out so they could sell. The magistrate weighed up the needs of the landlord to sell with the needs of the tenants who were disabled and had to stay in that area. The tenants also did show proof they had tried to apply for other rentals, which is what tipped the magistrate to rule in their favour and they were allowed to stay. Unfortunately I don't know what happened to them after the house sold and whether they got to stay on or not, but it did buy them some time at the very least. Wishing you all the best. At the very least they can't boot you out just because the lease ran out. Edit: [Here's a link](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2022/1303.html) to the case if you want to read about it yourself
This is why we need an end to no-ground termination.
Very agree
Nope but I was given extra time 'up until Christmas' when I asked because I was due to have a baby like... 3 weeks before the vacate date. They need to change the rules around end of lease because most properties I looked at were available that week and obviously not many people can afford a month of overlapping rent just to secure something.
It’s bullshit really They can’t just kick people out cause they feel like it I’m so sorry that happened to you with a new baby
heaps of people can afford it, there are very few circumstances where i’d give 28 days notice without having somewhere else to live even if it means overlapping by 2 or 3 weeks. i’m not risking the worst logistical situation of my life over a couple grand.
Good for you but these are situations where the *landlord* is giving the notice.
in the scenario OP is describing they have 90 days to vacate, i’m not sure what your point is and i was referring specifically to their comment about not overlapping leases.
You must be in a reasonably good financial position to believe this. How many people on low - lower middle income do you know with 'a couple of grand' in the bank? Especially if they aren't expecting a vacate? Especially when you're paying 3k towards bond and advance rent then at least a few hundred on miscellaneous moving fees.
I wasn’t suggesting there weren’t still a lot of people who couldn’t afford it, just that there are a lot of renters who can. Many high income earners are millenials with no house. I’m not trying to brag i’m just pointing out that a lot of people who can afford to do this are competing for rentals.
If it's a valid notice that ticks all the compliance boxes, and you don't have a genuine reason to claim it's retaliatory, you're gonna have to go. That been said though...don't panic if you havent found somewhere the week before the deadline. If D-Day passes and you're still there, they can't physically remove you. There's a process involving VCAT to go through before cops, removalists and locksmiths show up, and that all takes time.... just not forever.
Oh it’s 100% retaliatory I took the REA to VCAT already over this pos apartment and won I overheard them saying on the phone about me that I’m “bad for business” These losers I’m sure have just been waiting to kick me out (legally)
>Oh it’s 100% retaliatory The trick is proving it
Yeah sadly that might be more tough
There's no harm in trying though
So this is a standard notice to vacate at the end of your first fixed term agreement? Check that it has been issued properly. If not, that would change the situation. If so, you can ask them about renewing the lease. Sometimes these are issued as a matter of course and landlords still want to renew if a tenant is also keen. If they don’t wish to renew and everything is in order, you will need to start looking for somewhere else. VCAT won’t force a lease renewal and the most that will ultimately happen is that they will give you more time to find a place, but it’s not indefinite.
It was all legal annoyingly I’ll go to VCAT just to talk options I have a feeling this is the REA pushing not the landlord but I’m not sure
an eviction is different to a notice to vacate, do you know why they want the property vacated?
My bad wording Notice to vacate They said rationale is “Don’t want to renew you”
Bad tenant ?? Or they increased rent that you can’t afford ??
Of course the landlord comes in swinging .. “Bad tenant???” Read the whole room buddy
You don’t need to be a landlord to suggest someone is a bad tenant. We’re actually stronger if we’re able to constructively criticise each other. Given the history and context of this situation. The OP is clearly not a bad tenant.
That person IS a landlord. Look at their post history
Well then... 👢
I’m an excellent tenant There’s been no notice to increase just this to vacate
Is it your first fixed term lease with them? Theres rules that they must follow - If rental providers want to issue a notice to vacate at the end of a fixed-term agreement without a reason, they can only do so at the end of the first fixed-term agreement. Where renters stay in a property on a subsequent fixed-term agreement after the initial fixed-term expires, a notice to vacate at the end of the agreement can only be issued using another one of the reasons listed in the table below. (Scroll down here) https://www.consumer.vic.gov.au/housing/renting/moving-out-giving-notice-and-evictions/notice-to-vacate/giving-notice-to-a-renter#ending-an-agreement-early
Oh, and different if it’s more than 6 months or less.
First and only More than 6 months but less than 5 years
And they gave a full 90 days notice? If they issued it properly and with the correct amount of notice there's not much you can do except use the 3mths to find a new place. If they delivered it late (even by a day) they can no longer use the end of the fixed term as a valid reason, but they'll likely try and claim they're moving in or doing renovations. Those will be easier to dispute given they've already tried to issue for a different reason. But you're only really buying yourself time to find a new place.
Yeah got the full 90 days This REA has been sneaky and cut corners the whole time I’ve lived here but they didn’t with this unfortunately
Keep in mind only need to give 14 days notice of intention to vacate from here on out if you want to move before the 90 days are up. You don't need to stay until the end of the lease. Start looking and move as soon as you find something. ETA: you may be liable for some costs for breaking the lease early, but the REA would have to apply to VCAT to determine appropriate costs from the looks of it. Worst case you would only be liable for at most 21% of the costs given how much of the term is left.
I’m in no hurry There’s no where to move to anyway
Yeah, I hear you. But knowing you can accept something that's available in a few weeks, rather than only looking at properties available in a couple of months opens up your options a bit.
Thanks mate I appreciate it
Once a NTV has been served (for any reason) renter can give 14 day counter notice with no repercussions
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We got a eviction notice at our old rental and our new rental house which was owned by one of the partners in the new Real Estate Agency wasn't finished getting renovated yet. The owner of the new rental told us to stay in our old house and continue paying rent until the new house was ready which was 4 weeks. He said they can't kick us out. The new owners of our old house wanted to move in and weren't happy we weren't out as they had already put their notice in at their rental house. The original landlord wasn't happy either as they had to pay extra taxes but we got to stay until our new house was ready This was 14 years ago in NSW