Immediate notice for violence, dangerous behaviour and serious damage

Renters, residents or site tenants can be asked to leave a property immediately when there is violent or dangerous behaviour, or serious damage to the property. 

This is called an immediate notice to vacate and the renter must leave straight away. 

A rental provider (landlord), rooming house operator or caravan park owner can apply to evict a renter or resident after giving immediate notice.  

To evict a renter or resident, a rental provider or operator must first give the renter or resident a notice to vacate. They can then apply to VCAT for an eviction order which can be enforced by police.  

Rental providers, rooming house operators and caravan park owners cannot personally evict a renter or resident.  

Notice to leave: Rooming house operators, park owners and site owners can give a notice to leave instead of a notice to vacate. This is an order for the resident or site tenant to leave immediately. They can also apply to VCAT for an eviction order.  

Read more about evictions.  

Immediate notice to vacate 

A notice to vacate is a formal statement that the rental provider wants to end the rental agreement (lease) and that the renter should leave the property. 

Usually, rental providers and operators have to give a certain amount of notice to the renter or resident. However, there are some reasons where there is no minimum notice and the renter or resident should move out immediately. 

If the renter or resident doesn’t move out straight away, the rental provider or operator can apply to VCAT for an eviction order. 

To give immediate notice, the rental provider or operator should use one of these forms: 

• Notice to vacate to renter/s of rented premises (Word, 760KB) 
• Notice to vacate to resident/s of a rooming house (Word, 749KB) 
• Notice to vacate to resident/s of a caravan park (Word, 764KB) 
• Notice to vacate to site tenants (Word, 747KB). 

Reasons for immediate notice in a residential rental property 

• The renter or their visitor has intentionally or recklessly caused serious damage to the property, including safety equipment and common areas.
• The renter or their visitor has put neighbours, the rental provider or the provider's agent, or their contractors or employees, in danger. 
• The renter or another person occupying the premises has seriously threatened or intimidated the rental provider or their agent, contractor or employee. 
• The premises are unfit for human habitation, destroyed totally or destroyed to the extent that they are unsafe. 

Reasons for immediate notice in a rooming house 

• The resident or their visitor has put people or property in the rooming house in danger. 
• The resident or their visitor has intentionally or recklessly caused damage to the rooming house, including safety equipment and common areas. 
• The resident or their visitor seriously disrupts the peace and quiet of other residents. 

Read more about notice to vacate in a rooming house. 

Reasons for immediate notice in a caravan or residential park  

• The resident or their visitor has put people or property in the park in danger.  
• The resident or their visitor has intentionally or recklessly caused damage to the park, its facilities, or a hired caravan 
• The resident or their visitor seriously disrupts the peace and quiet of other residents. 

Read more about notice to vacate in a caravan park. 

Notice to leave in rooming houses and caravan parks 

Rooming house operators and park operators can give residents a notice to leave. This notice should only be used in cases where the operator needs the resident or their visitor to leave straight away because of seriously violent or dangerous behaviour. The person who is given the notice to leave must leave immediately and not return for at least 2 days. They can be fined if they do not leave straight away. 

A notice to leave ‘suspends’ the residential agreement. While the agreement is suspended, the operator can apply to VCAT for an eviction order.  

To give a notice to leave, the operator should use this form: 

• Notice to leave to resident of managed premises or resident's visitor (Word, 80KB)    

Forms you might need 

To give a renter or resident notice to vacate, use one of these forms: 

• Notice to vacate to renter/s of rented premises (Word, 760KB) 
• Notice to vacate to resident/s of a rooming house (Word, 749KB) 
• Notice to vacate to resident/s of a caravan park (Word, 764KB) 
• Notice to vacate to site tenants (Word, 747KB). 

To give a resident notice to leave, use this form: 

• Notice to leave to resident of managed premises or resident's visitor (Word, 80KB)     

Sections of the Act 

If you want to know what the law says about notice to leave and immediate notice to vacate, you can read these sections of the Residential Tenancies Act 1997: 

• Section 368 –  Manager may give person notice to leave – serious acts of violence.