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VIC Lease Termination - How Much Notice should Landlord Give?

Discussion in 'Property Law Forum' started by Violet, 9 February 2015.

  1. Violet

    Violet Member

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    I currently have a 12 month lease on the property I live in. This lease expires on 3rd March 2015. I have just been given notice (letter arrived in the mail) that I have 60 days to vacate the property because the Landlords family is moving in.

    Is it legal to give 60 days notice before the end of the lease period? (The date I have been asked to leave by is 12th April. I am a single mother with 2 young children and I really don't know where I can find something to move into within 60 days, let alone be able to afford to do so.)
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Violet,

    A 60-day to a notice to vacate can be used when the date you have been given to move out by, is after the termination date of your lease, which it sounds like it is in your case.

    The landlord is allowed to give you a 60-day notice to vacate if, immediately after the 60-day period, if the landlord intends to occupy the property. Therefore it sounds like the notice you have been served with is valid. I would suggest writing to your landlord and requesting leniency with that time frame given your circumstances, perhaps requesting an additional 30 days. They may be willing to give you this.

    Here is an info chart on your rights with regard to notices to vacate: http://www.tuv.org.au/articles/files/resources/step-by-step_guide_notices_to_vacate_AG_052010.pdf
     

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