Good evening, I am new here. I would like your guidance on this. I signed a first one year lease with my tenant 5 months ago. End of tenancy is July 2021. My circumstances have changed so I hope to move into my rental after this lease. The tenant is looking for nearby school for his children. I want to let him know of my intention early so that he can modify his plans or have time to look for another rental. Instead of serving him 120 days to vacate, can I serve him 180 days to vacate ? I am fine if he wish to leave early. No penalty fee will be imposed.
Are you self managing? If so talk to your tenant. Subject to any specific Covid-19 amendments by the government: 90 days (NSW) notice is only required to terminate after the lease has expired (30 days if notice is sent prior to the end of the fixed term). Opening up dialogue with your tenant is key to getting this sorted quickly. What is your situation for moving from your current residence? Eg are you also renting and need to give notice?
Hi Scott, yes I am self managing. I have been renting long term at another suburb closer to work, but landlord has plans to sell so I decide to move into my own rental. I had spoken to my tenant but he was not happy. My friend said no need to talk so much. Just give notice to vacate. Is it true ? I need to move in by August. Can the law allow me to give the notice to vacate letter now ?
@Lil Skater is better placed on the Victorian situation but giving more than the required notice is not generally an issue, giving less renders the notice invalid but it is dependent upon How the legislation requires notice to be served.
I can't see why you wouldn't be able to give them a heads up, then issue the notice later on for the listed timeframe, but Lil Skater is better placed to give advice specific to your exact question
I’d be telling your tenant he needs to move at the end of the lease (Covid rules permitting of course) and if he leaves es earlier you will not penalize him for breaking the lease. If he moves in a month will you be able to move that early? Just be aware this could backfire if he gives two weeks’ notice and you are locked into your own lease as a tenant and could be hit with break fees yourself.
Thank you Tom Tenant is not nice person to talk to, so I will send him an email. Then I will issue notice.
Thank you Wylie for your reminder I only thought about my tenant but I forgot about myself. I will check with my landlord on this.
@deezee Covid protections presently go until the end of March so you're unable to send the notice, however you could send an email to the effect of: "I will need to move at the end of your lease and will be serving a notice to vacate in due course, however should you wish to leave earlier you may do so" The notice you need to give is a minimum of 60 days' notice (120 is for no specified reason and will also be removed with the new legislation) - but you can always serve more.
Thank you Lil Skater I was cracking my brain on how to write email to angry tenant. Your wordings is very professional and polite. I like it
