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When to send notices
When sending a notice such as a Notice to Vacate, 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
You can produce the notice you need to send using the Residential Tenancies Hub.
When giving a breach of duty notice, this is to determine the compliance date. When giving a notice to vacate, it is to determine a termination date.
Notices to vacate
You may give a notice to vacate under the Residential Tenancies Act 1997 by hand, by post or by electronic means (eg. by email).
If you choose to give a notice to vacate electronically then service occurs in accordance with the Electronic Transactions Act 2000.
The following tables tell you how many extra days you need to allow for delivery time on top of the required minimum notice periods.
Extra days to allow for a 0-day minimum notice period
| By hand or electronic means | Registered post - sent on Sunday | Registered post - sent between Monday and Friday | Registered post - sent on Saturday |
|---|---|---|---|
| 0 days | 5 days later | 7 days later | 6 days later |
Example 1: If you are required to give 0 days notice under the Residential Tenancies Act 1997 and you want to send by hand or by electronic means on Monday 15 March, you can specify on the notice a compliance or termination date of Monday 15 March.
Example 2: If you are required to give 0 days notice under the Residential Tenancies Act 1997 and you want to send by registered post on Sunday 14 March, you can specify on the notice a compliance or termination date of Friday 19 March.
Example 3: If you are required to give 0 days notice under the Residential Tenancies Act 1997 and you want to send by registered post on Monday 15 March, you can specify on the notice a compliance or termination date of Monday 22 March.
Example 4: If you are required to give 0 days notice under the Residential Tenancies Act 1997 and you want to send by registered post on Saturday 13 March, you can specify on the notice a compliance or termination date of Friday 19 March.
Extra days to allow for a 2-day minimum notice period
| By hand or electronic means | Registered post - sent on Sunday | Registered post - sent between Monday and Friday | Registered post - sent on Saturday |
|---|---|---|---|
| 3 days later | 8 days later | 10 days later | 9 days later |
Example 1: If you are required to give 2 days notice under the Residential Tenancies Act 1997 and you want to send by hand or by electronic means on Monday 15 March, you can specify on the notice a compliance or termination date of Thursday 18 March.
Example 2: If you are required to give 2 days notice under the Residential Tenancies Act 1997 and you want to send by registered post on Sunday 14 March, you can specify on the notice a compliance or termination date of Monday 22 March.
Example 3: If you are required to give 2 days notice under the Residential Tenancies Act 1997 and you want to send by registered post on Monday 15 March, you can specify on the notice a compliance or termination date of Thursday 25 March.
Example 4: If you are required to give 2 days notice under the Residential Tenancies Act 1997 and you want to send by registered post on Saturday 13 March, you can specify on the notice a compliance or termination date of Monday 23 March.
Extra days to allow for a 7-day minimum notice period
| By hand or electronic means | Registered post - sent on Sunday | Registered post - sent between Monday and Friday | Registered post - sent on Saturday |
|---|---|---|---|
| 8 days later | 13 days later | 15 days later | 14 days later |
Extra days to allow for a 14-day minimum notice period
| By hand or electronic means | Registered post - sent on Sunday | Registered post - sent between Monday and Friday | Registered post - sent on Saturday |
|---|---|---|---|
| 15 days later | 20 days later | 22 days later | 21 days later |
Example 1: If you are required to give 14 days notice under the Residential Tenancies Act 1997 and you want to send by hand or by electronic means on Monday 15 March, you can specify on the notice a compliance or termination date of Tuesday 30 March.
Example 2: If you are required to give 14 days notice under the Residential Tenancies Act 1997 and you want to send by registered post on Sunday 14 March, you can specify on the notice a compliance or termination date of Saturday 3 April.
Example 3: If you are required to give 14 days notice under the Residential Tenancies Act 1997 and you want to send by registered post on Monday 15 March, you can specify on the notice a compliance or termination date of Tuesday 6 April.
Example 4: if you are required to give 14 days notice under the Residential Tenancies Act 1997 and you want to send by registered post on Saturday 13 March, you can specify on the notice a compliance or termination date of Saturday 3 April.
Extra days to allow for a 28-day minimum notice period
| By hand or electronic means | Registered post - sent on Sunday | Registered post - sent between Monday and Friday | Registered post - sent on Saturday |
|---|---|---|---|
| 29 days later | 34 days later | 36 days later | 35 days later |
Extra days to allow for a 30-day minimum notice period
| By hand or electronic means | Registered post - sent on Sunday | Registered post - sent between Monday and Friday | Registered post - sent on Saturday |
|---|---|---|---|
| 31 days later | 36 days later | 38 days later | 37 days later |
Extra days to allow for a 60-day minimum notice period
| By hand or electronic means | Registered post - sent on Sunday | Registered post - sent between Monday and Friday | Registered post - sent on Saturday |
|---|---|---|---|
| 61 days later | 66 days later | 68 days later | 67 days later |
Extra days to allow for a 90-day minimum notice period
| By hand or electronic means | Registered post - sent on Sunday | Registered post - sent between Monday and Friday | Registered post - sent on Saturday |
|---|---|---|---|
| 91 days later | 96 days later | 98 days later | 97 days later |
Extra days to allow for a 6-month minimum notice period
| By hand or electronic means | Registered post - sent on Sunday | Registered post - sent between Monday and Friday | Registered post - sent on Saturday |
|---|---|---|---|
| 6 months and 1 day later | 6 months and 6 days later | 6 months and 8 days later | 6 months and 7 days later |
Extra days to allow for a 365-day minimum notice period
| By hand or electronic means | Registered post - sent on Sunday | Registered post - sent between Monday and Friday | Registered post - sent on Saturday |
|---|---|---|---|
| 366 days later | 371 days later | 373 days later | 372 days later |
Notes about extra day calculations
- The calculations on these tables don't include the date of postage or the date the notice to vacate is given by hand or electronic means. This is with the exception of a hand delivered or emailed notice to vacate for immediate termination, which can specify the date on which the notice is given as the termination date.
- The renter, resident or site tenant is expected to receive the notice to vacate on the fifth business day after the notice is posted.
- If a public holiday falls on any of the five business days after the notice is posted, add one day to the earliest date.
- The table calculations are based on expected delivery timeframes taken from the Australia Post website as at February 2021, when postal delivery was affected by COVID 19 delays.
- The table calculations are based on the maximum expected delivery time frames for letters posted from one intrastate regional country area to another. The expected delivery time frames may be less for letters posted, for example, from one suburb of Melbourne to another or from a Melbourne suburb to a regional area.