Create a bespoke document in minutes, or upload and review your own.
Get your first 2 documents free
Your data doesn't train Genie's AI
You keep IP ownership of your information
Notice to Vacate
I need a notice to vacate for a residential property, providing the tenant with 60 days' notice to leave the premises due to the landlord's intention to sell the property. The notice should comply with local tenancy laws and include the tenant's obligation to maintain the property in good condition until the end of the tenancy.
What is a Notice to Vacate?
A Notice to Vacate is a formal letter that landlords send to tenants when they need them to move out of a rental property. In Australia, this notice must follow state-specific rules about timing and format - for example, Victorian landlords typically need to give at least 60 days' notice for a no-fault eviction.
The notice needs to clearly state the move-out date, reasons for ending the tenancy, and any specific requirements under local tenancy laws. While landlords commonly use this to end periodic leases or address serious breaches, tenants can also issue a Notice to Vacate when they plan to move out, giving their required notice period under state regulations.
When should you use a Notice to Vacate?
You need a Notice to Vacate when ending any residential tenancy in Australia, particularly in situations requiring clear documentation of the move-out timeline. Landlords must issue this notice when selling the property, planning major renovations, or addressing serious lease violations like rent defaults or property damage.
For tenants, using a Notice to Vacate protects your interests when moving out at the end of a fixed-term lease or during a periodic tenancy. It creates a paper trail and helps avoid disputes about move-out dates or bond returns. Both parties benefit from proper notice periods - typically 14 to 90 days depending on your state and circumstances.
What are the different types of Notice to Vacate?
- Month To Month Notice To Vacate: Used for periodic tenancies with flexible end dates
- Notice To Terminate Tenancy: Standard form for ending fixed-term residential leases
- Commercial Lease Notice To Vacate: Specifically designed for business premises with different notice periods
- Early Lease Termination Letter From Tenant To Landlord: For breaking a lease before its end date
- Notice To Terminate Tenancy Agreement: Comprehensive version covering both fixed-term and periodic arrangements
Who should typically use a Notice to Vacate?
- Landlords and Property Managers: Issue Notices to Vacate when ending tenancies, selling properties, or addressing serious lease breaches
- Residential Tenants: Use these notices when moving out, giving required notice periods under state tenancy laws
- Commercial Property Owners: Issue notices with specific terms for business tenants under commercial lease regulations
- Real Estate Agents: Often prepare and serve notices on behalf of property owners
- Tenancy Tribunals: Review notices during dispute resolution and ensure compliance with state regulations
How do you write a Notice to Vacate?
- Basic Details: Gather property address, tenant names, and lease agreement details from official documents
- Notice Period: Check your state's required notice timeframe based on termination reason
- Documentation: Collect evidence of lease breaches or property sale contracts if relevant
- Delivery Method: Plan how you'll serve the notice according to state requirements
- Template Selection: Use our platform to generate a legally-compliant notice specific to your situation
- Key Dates: Calculate and clearly state both the notice date and the final vacancy date
- Record Keeping: Prepare to keep signed copies and proof of delivery for your records
What should be included in a Notice to Vacate?
- Property Details: Full address and specific unit number of the rental property
- Party Information: Complete names and contact details of both landlord and tenant
- Termination Date: Clear statement of the final day of tenancy, matching state-required notice periods
- Reason for Notice: Valid grounds for termination under relevant state tenancy laws
- Notice Period: Confirmation that proper notice timing requirements are met
- Delivery Method: How and when the notice will be served to the other party
- Signature Block: Space for dated signatures from the issuing party
- Legal References: Relevant sections of state residential tenancy acts
What's the difference between a Notice to Vacate and an Eviction Notice?
A Notice to Vacate differs significantly from a Eviction Notice in several key aspects, though both relate to ending tenancies. Understanding these differences helps you choose the right document for your situation.
- Legal Nature: A Notice to Vacate is a formal request to end a tenancy within legal notice periods, while an Eviction Notice is a more serious legal instrument used after breaches or when immediate removal is required
- Timing Requirements: Notice to Vacate follows standard notice periods (usually 30-90 days), whereas Eviction Notices often have shorter timeframes due to urgent circumstances
- Reason Requirements: Notice to Vacate can be used for any valid reason including end of lease, while Eviction Notices must cite specific breaches or legal grounds
- Legal Consequences: Notice to Vacate initiates a mutual agreement to end tenancy, while Eviction Notices often lead to tribunal hearings and forced removal
Download our whitepaper on the future of AI in Legal
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
Our bank-grade security infrastructure undergoes regular external audits
We are ISO27001 certified, so your data is secure
Organizational security
You retain IP ownership of your documents
You have full control over your data and who gets to see it
Innovation in privacy:
Genie partnered with the Computational Privacy Department at Imperial College London
Together, we ran a £1 million research project on privacy and anonymity in legal contracts
Want to know more?
Visit our Trust Centre for more details and real-time security updates.
Read our Privacy Policy.