Eviction Notice (Notice to Vacate) Template
A notice to vacate (often called an "eviction notice") formally ends a residential tenancy. Use our free Australian template to prepare a notice of termination consistent with your state's Residential Tenancies Act — including the correct notice period, the required grounds, and the information the tribunal will expect to see if the matter proceeds to a hearing.
Rental Property: 45 Wattle Drive, Doncaster VIC 3108
This is a formal notice from your landlord, James T. O'Brien, requiring you to vacate and deliver up possession of the above rental property by 9 May 2026.
REASON FOR THIS NOTICE
Non-Payment of Rent
APPLICABLE LEGISLATION AND NOTICE PERIODS
This notice is served pursuant to the Residential Tenancies Act 1997 (VIC). The minimum notice periods under this Act for common termination types are:
| Termination Type | Minimum Notice Period |
| Non-Payment of Rent | 14 days arrears triggers a Notice to Vacate; VCAT application required |
| Breach of Agreement | 14 days (to remedy) |
| End of Fixed Term | 60 days before end of fixed term (or the rental agreement period) |
| No Grounds (Periodic) | 120 days (periodic tenancy) — substantive grounds required in most cases |
VIC: The Residential Tenancies Act 1997 (VIC) significantly restricts no-grounds terminations. In most cases, a reason must be given. Immediate family use requires 60 days notice. Contact Consumer Affairs Victoria or VCAT for guidance.
IMPORTANT — OFFICIAL FORMSThis document is a general template notice. In some states and territories, landlords are required to use official prescribed forms for specific grounds of termination. Failure to use the correct form may invalidate the notice. Landlords and tenants are strongly encouraged to verify requirements with the relevant authority:
• NSW: Specific forms (e.g. Notice of Termination) available at ncat.nsw.gov.au and nsw.gov.au/housing;
• VIC: Notice to Vacate forms available at consumer.vic.gov.au;
• QLD: Notice to Leave (Form 12) available at rta.qld.gov.au;
• WA: Notice of Termination available at consumerprotection.commerce.wa.gov.au;
• Other states/territories: Consult the relevant tenancy authority.
You have the right to dispute this notice. Tenancy disputes in VIC are handled by the Victorian Civil and Administrative Tribunal (VCAT) — vcat.vic.gov.au. You cannot be required to vacate until a hearing is held and an order is issued by the relevant tribunal or court. We encourage you to seek independent legal advice or contact a tenant advocacy organisation in your state as soon as possible.
Date Served: 25 April 2026
What Is an Eviction Notice?
In Australia, an eviction notice — formally a "notice of termination" (NSW), "notice to vacate" (Vic), or "notice to leave" (Qld) — is a written notice served by a landlord on a tenant ending a residential tenancy. The notice must comply with the relevant Australian state Residential Tenancies Act and the regulations prescribed under it. An eviction notice is not an Australian court order: the tenant is not required to leave on the notice date unless they agree or a tribunal makes an order.
Australia has eight state and territory Residential Tenancies Acts: Residential Tenancies Act 2010 (NSW), Residential Tenancies Act 1997 (Vic), Residential Tenancies and Rooming Accommodation Act 2008 (Qld), Residential Tenancies Act 1995 (SA), Residential Tenancies Act 1987 (WA), Residential Tenancy Act 1997 (Tas), Residential Tenancies Act 1997 (ACT), and Residential Tenancies Act 1999 (NT). Each Act sets different notice periods and grounds for termination — and the wrong notice is invalid.
Since around 2019, most Australian states have moved away from "no-cause" terminations during fixed-term tenancies. Victoria, the ACT, and NSW (from 2025) now require prescribed grounds for termination even at the end of a fixed term. Where the tenant does not vacate after the notice expires, the Australian landlord must apply to the state tribunal (NCAT, VCAT, QCAT, SACAT, WA Magistrates Court, TasCAT, ACAT, NTCAT) for a termination and possession order — self-help eviction is unlawful across Australia.
What's Covered in This Template
Our notice to vacate template covers every essential element required under state Residential Tenancies Acts.
Landlord Details
Legal name and address of the landlord or agent issuing the notice.
Tenant Details
Full names of each tenant on the residential tenancy agreement.
Premises Address
Address of the tenanted premises to be vacated.
Grounds for Termination
Rent arrears, breach, end of fixed term, sale, or other prescribed ground.
Details of Breach
Particulars of the breach alleged and any opportunity to remedy.
Termination Date
The date by which the tenant must vacate, calculated per the state Act.
Notice Period
Clear statement of the notice period given (aligned with state requirements).
Tribunal Information
Explanation of the tenant's right to apply to the tribunal.
Supporting Documents
Reference to breach notices, sale contract, or other supporting evidence.
Service Details
Method of service (in person, post, email where permitted).
Landlord Contact
Contact details for any queries or arrangements.
Landlord Signature
Signature of landlord or authorised agent and date.
How to Create an Eviction Notice
Follow these steps to produce a valid notice to vacate in minutes.
- 1
Check Your State's Requirements
Identify the correct notice period and ground under the state Residential Tenancies Act.
- 2
Enter Party and Premises Details
Provide landlord, tenant, and premises information.
- 3
State the Ground
Specify the ground for termination (arrears, breach, sale, end of term) with particulars.
- 4
Calculate the Termination Date
Use the notice period prescribed by the state Act.
- 5
Serve the Notice
Deliver the notice by the method permitted under the state Act and keep proof of service.
Legal Considerations
Eviction is regulated by state Residential Tenancies Acts; self-help eviction is unlawful.
This template is for informational purposes only and does not constitute legal advice. Incorrect notices are invalid and can delay possession significantly.
Reviewed for Australian law
State Notice Periods
Across Australian states, notice periods vary by ground: typical periods range from 14 days for serious breaches or arrears (NSW section 85, Vic section 91ZM), to 60 or 90 days for end-of-term notices without cause in states that still allow them. Victoria's Residential Tenancies Act 1997 requires grounds under section 91ZZD for all terminations. Check your Australian state Act for the exact period.
Prescribed Grounds Only
Most Australian states now require prescribed grounds for termination. Common grounds include non-payment of rent, serious breach, sale with vacant possession, landlord or family moving in, substantial renovations, and end of fixed term. "No grounds" termination has been abolished in Victoria, the ACT, and (from 2025) NSW, except in limited circumstances.
Tribunal Possession Orders
Under Australian law, if the tenant does not vacate after the notice expires, the landlord must apply to the state tribunal for a termination and possession order. NCAT (NSW), VCAT (Vic), QCAT (Qld), SACAT (SA), Magistrates Court (WA), TasCAT, ACAT, and NTCAT have jurisdiction. The tribunal can decline to make an order if the notice was defective, the tenant has paid arrears, or there are mitigating circumstances.
Prohibition on Self-Help Eviction
Under every Australian state Residential Tenancies Act, a landlord cannot physically remove a tenant, change the locks, or disconnect utilities without a tribunal order. Self-help eviction is an offence under state legislation (e.g., section 116 Residential Tenancies Act 2010 (NSW)) and exposes the landlord to civil damages and criminal penalties.
Frequently Asked Questions
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