thread: Notice to vacate question...

  1. #1
    ♥ BellyBelly's Creator ♥
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    Feb 2003
    Melbourne, Victoria, Australia, Australia
    8,982

    Notice to vacate question...

    Our lease is almost up (16th Jan) and we need to find a bigger place.... do you know if you still need to give 28 days notice even when the lease is up? I.e. if we find a place in Feb, does 28 days still apply? Or not as we are no longer under the lease agreement?
    Kelly xx

    Creator of BellyBelly.com.au, doula, writer and mother of three amazing children
    Author of Want To Be A Doula? Everything You Need To Know
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  2. #2
    Registered User

    Mar 2006
    4,542

    I had to put in a notice to vacate even when the property was sold and we were forved to move out early. I'd give them a call definitely

  3. #3

    Feb 2008
    With my awesome cherubs
    2,975

    All our houses even though the lease was up we had to give 28 days notice still standard procedure whether the lease is current or not

  4. #4
    Registered User

    Feb 2009
    Moody Melbourne
    213

    So did I...and was stung for the extra rent after I'd already moved to my new home.

  5. #5
    Registered User

    Apr 2008
    Castlemaine
    436

    You only need to give 2 weeks notice when your lease has already expired.

  6. #6
    ♥ BellyBelly's Creator ♥
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    Feb 2003
    Melbourne, Victoria, Australia, Australia
    8,982

    Two weeks notice would be great! Is that standard REIV guidelines? Or can it vary from agency to agency?
    Kelly xx

    Creator of BellyBelly.com.au, doula, writer and mother of three amazing children
    Author of Want To Be A Doula? Everything You Need To Know
    In 2015 I went Around The World + Kids!
    Forever grateful to my incredible Mod Team

  7. #7
    Administrator
    Add Rouge on Facebook

    Jun 2003
    Ubiquity
    9,922

    It can vary. Have you got a copy of your lease? It should be in there. In ours its a months notice.

  8. #8
    BellyBelly Life Subscriber

    Nov 2005
    Langwarrin. Victoria
    1,654

    It is usually based on how you pay your rent here in VIC....if you are monthly rental, a months notice, fortnightly rental a fortnights notice etc......Even though your lease will have technically expired the conditions of it are still considered to be legally binding on a payment to payment basis until a new contract is signed if that makes sense.....

  9. #9
    ♥ BellyBelly's Creator ♥
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    Feb 2003
    Melbourne, Victoria, Australia, Australia
    8,982

    I misplaced it Thanks Mel, thought so......
    Kelly xx

    Creator of BellyBelly.com.au, doula, writer and mother of three amazing children
    Author of Want To Be A Doula? Everything You Need To Know
    In 2015 I went Around The World + Kids!
    Forever grateful to my incredible Mod Team

  10. #10

    Feb 2008
    With my awesome cherubs
    2,975

    with the 2 weeks notice that must just be a agents leaniancy we have been through 5 different real estates and moved out after the lease was up and all were 28 days notice not even letting go on 4 days like we were hoping it was 28 days or pay 2 rents and we were paying weekly-fortnightly with all of those.

  11. #11
    BellyBelly Life Subscriber

    Feb 2006
    South Eastern Suburbs, Vic
    6,054

    I'd give your agency a call Kell, we were on weekly rent and needed to give 28 days, and we weren't even on a contract then (it expired and the landlords knew we were building so we just didn't renew the contract for the next year). You want to be sure so you don't get caught out.

  12. #12
    Registered User

    Mar 2006
    7,046

    Kel, I looked into this when our house was being sold and the tennent site for Vic stated that even on a month to month lease (which is what it becomes after your lease "expires" unless you have to sign a new lease) you have to give 28 days notice to vacate.

  13. #13
    Senior Moderator

    Nov 2004
    Chickens.
    4,989

    Yep, 28 days...

  14. #14
    Registered User

    Oct 2006
    Sydney NSW
    4,837

    In NSW its 2 weeks usually (from our experience anyway)

  15. #15
    Registered User

    Nov 2009
    Scottish expat living in Geelong
    5,572

    Our tenants were on a month to month lease after their fixed term lease expired, and they only had to give us 14 days notice. I am not sure if this was because we had already given them a notice to vacate and they were just moving the date forward though.

    So erm no help to you at all really, sorry