In accordance with the Residential Tenancies Act notice of your intention to vacate MUST be in writing. When you are considering vacating we recommend you contact our office to discuss the finalisation of your tenancy. The terms of the Residential Tenancies Act provide the following in regard to vacating the property. If your tenancy is governed by a monthly tenancy or your lease is due to expire, you MUST give 28 days’ notice in writing.
If you have a current fixed term agreement and wish to vacate prior to the expiration of your agreement it is in your own interest to give us as much notice as possible. This enables us to re - letting the property to minimise your liability.
Please note that in a lease break situation a tenant is liable for rent until the day the new tenant takes possession or the end of the lease whichever comes first, a break lease fee will be calculated once the vacate date has been set, please call our office for further information.
Within a few days of receiving your vacating advice we will forward some detailed information to assist you in finalising your tenancy.
The Residential Tenancies Act 1997 has specific provisions for both tenants and agents upon a tenant vacating a property. Some of these include-
The tenant cannot use the bond paid or any part of it as rent. There is a penalty that could be applied if a tenant attempts to do so.
The Residential Tenancies Bond Authority can only release the bond by receipt if:
- A Bond Claim form that has been signed by all parties to the tenancy, that is all tenants who originally lodged the bond plus the agent; or
- An order from the Victorian Civil and Administrative Tribunal;
- A court Order
Bond inspections are conducted once the keys have been returned to the office.