Vacating Tenants

From: Tracy Lee


Hi

I have a question for Kristine, the Rental Specialist) or any experienced landlords familiar with the Victorian Tenancy Act.

I have a 12 months lease agreement with my tenant which will end Sept 4 2002.

If I need to move into the property to live, and I give the tenant 60 days notice to vacate (by July 5 2002), is the tenant obligated to vacate by the end of the 60 days?

Regards
Tracy
 
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Reply: 1
From: Kristine .


Hi, Tracy

A lease is a legal contract, binding upon both parties. They can't break it, and neither can you. It's natural life is the date agreed upon at the commencement of the term.

S.254 Residential Tenancies Act (Vic) If the property had been your principal place of residence BEFORE the tenancy, you may give not less than 60 day notice before the natural end of the (fixed) term of the tenancy agreement

S.258 If the premises are to be occupied by the landlord or the landord's family, not less than 60 days before the due date

Otherwise, except if the premises are to be sold, or a few other circumstances where 60 days is required, then for 'no particular reason' you may give 90 days notice. In other words, you don't have to find fault, but must allow 90 days before the natural end of the agreement.

Keep in mind, the law always means 'clear' days, so allow for post or other delays, and you can't count the day of serving the notice. To be on the safe side, add another 5 business days to your period of notice.

You or the tenant may apply to the Tribunal S.234 to reduce the period of the fixed term tenancy or make other variations to the agreement if the Tribunal is satisfied that, 'because of an unforeseen change in the applicant's circumstances, the severe hardship which the applicant would suffer if the term of the agreement were not reduced would be greater than the hardship which the other party would suffer if the term were reduced'.

Hope this helps

Kristine
 
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Reply: 1.1
From: Vicki .


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Hi Tracy

I've found that an offer of financial "reward" as an incentive for tenants
to move out can help, eg offer to pay removal costs to their next home, or
just a lump sum to help pay rent at their new home.

Vicki

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Hi
Tracy

I've =found that an
offer of financial "reward" as an incentive for tenants to move out can =help, eg
offer to pay removal costs to their next home, or just a lump sum to =help pay
rent at their new home.

Vicki

<DIV>http://www.focal-point.com.au/</DIV=>

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Reply: 1.1.1
From: Geoff Whitfield


I like the idea, and I've heard it before.

"If you're out by 5PM I'll give you $1000".

Has that ever worked for people in real life?
 
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