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Giving notices - Residential Tenancies List

When sending a notice, there is a minimum time before any further action can be taken. This period is set by the Residential Tenancies Act 1997 and is called the minimum notice period.

The minimum notice period starts the day after the notice is:

  • given electronically (in accordance with the Electronic Transactions Act 2000)
  • given by hand, or
  • calculated to have been given when sent by priority registered post or registered post.

For minimum notice periods, see Consumer Affairs Victoria's website

Notices to vacate

You may give a notice to vacate under the Residential Tenancies Act 1997 by hand, by post or by electronic means in accordance with the Electronic Transactions Act 2000 (eg. by email).

If you choose to give a notice to vacate electronically then service occurs in accordance with the Electronic Transactions Act 2000.

Notices to vacate created using the Residential Tenancies Hub cannot be given electronically. Serve Residential Tenancies Hub notices only by hand or by registered post.

The following table tells you how many extra days you need to allow for delivery time on top of the required notice periods.

Minimum number of days before further action can be taken after sending a notice
Notice periods 0 days 14 days 28 days 30 days 60 days 90 days 120 days
Registered post – sent on Sunday, Monday 5 20 34 36 66 96 126
Registered post – sent Tuesday to Friday 7 22 36 38 68 98 128
Registered post – sent on Saturday 6 21 35 37 67 97 127
Priority registered post – sent Sunday to Wednesday 3 18 32 34 64 94 124
Priority registered post – sent on Thursday or Friday 5 20 34 36 66 96 126
Priority registered post – sent on Saturday 4 19 33 35 65 95 125
Delivered by hand, on any day or given in accordance with the Electronic Transactions Act 2000 0 16 30 32 62 92 122

Making an application for a possession order

An application for a possession order cannot be made until the notice to vacate has been given.

If you have given a notice to vacate that requires 14, 28, 30 or 60 days notice, you can make an application for a possession order after the date the notice to vacate was given but no later than 30 days from the termination date in the notice to vacate.

If you have given a notice to vacate at the end of a fixed term tenancy Definition The agreement between a landlord and a tenant for the rental of a property. of less than 6 months (under section 261 of the Residential Tenancies Act 1997) or for no specified reason (under section 263), you cannot make an application for a possession order until after the termination date and no later than 30 days from the termination date in the notice to vacate.

If a tenant has given a notice of intention to vacate, the landlord can apply for a possession order after the termination date in the notice has passed.

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