Ending a tenacy

[froggy]

Hi all

We need to move back into our house on the 12th September this year. Our tenants lease ends 15th July.

House is in Vic , after 60 day letter received to vacate can they leave before the 12th of September and do they have obligation to still give me the 28 days notice if moving before the 12th September? sorry if thats confusing.

Thanks

 

[callander]

The tenant can give 14 days return notice once the owner has issued notice to the tenant. As long as the vacate date given by the tenant on the return notice is after the lease expiry date.

 

[fernfurn]

I wanted to demolish the house, gave the tenants the required 2 mths notice, they moved out in 2 weeks. Buggar!

 

[Mooze]

Are they on a 12month fixed or a periodic (month to month) lease? Unless you have a clause in the fixed lease (diplomatic/overseas posting) you can't force them to move out prior to the final date on it.

ETA - Sorry - miss read your post. Depends on state.

 

[Kris77]

I had a member tell me once that she interpreted the legislation to mean that if you give a tenant an NTV even if they are on a fixed term they may give a 14 days counter notice.

 

[Xsells]

Did the original lease state that it was your Principal Place of Residence. If so, you only have to give them 14 days notice... Which I would do around mid - late August (give you some time for a VCAT application of they don't move out.

If not, then give them 60 days notice to expire in September. They can leave after July 15, but only if they give you 14 days counter notice. There is no requirement for them to give you 28 days notice as you are the one issuing the original Notice to Vacate.