RESIDENTIAL TENANCIES ACT 1997 - SECT 91ZB Reduced period of notice of intention to vacate in certain circumstances
RESIDENTIAL TENANCIES ACT 1997 - SECT 91ZB
Reduced period of notice of intention to vacate in certain circumstances(1) This section applies to a renter if—
S. 91ZB(1)(a) amended by No. 40/2022 s. 14.
(a) the renter has been given a notice to vacate under section 91ZX, 91ZY, 91ZZ, 91ZZA, 91ZZB, 91ZZC, 91ZZD, 91ZZDA, 91ZZE, 91ZZEA or 91ZZEB; or
(b) the renter requires special or personal care and needs to vacate the rented premises in order to obtain that care; or
S. 91ZB(1)(c) amended by No. 40/2022 s. 60(17).
(c) the renter has been offered and accepted accommodation by Homes Victoria or a registered housing agency; or
S. 91ZB(1)(ca) inserted by No. 40/2022 s. 64.
(ca) the rented premises are provided under the Victorian Affordable Housing Programs and the renter has found alternative accommodation and needs to vacate the premises to take up that accommodation; or
(d) the renter requires temporary crisis accommodation and needs to vacate the rented premises in order to obtain that accommodation; or
(e) the renter has been given a notice of intention to sell by the residential rental provider in accordance with section 86, unless the renter was notified of the proposed sale of the rented premises in accordance with section 30D before entering into the residential rental agreement; or
(f) the residential rental provider has refused the request of a renter with a disability to make reasonable alterations to the rented premises pursuant to section 55 of the Equal Opportunity Act 2010 ; or
(g) the renter, who is an SDA resident, has been given a notice under section 498DA.
(2) A renter to whom this section applies may give a residential rental provider a notice of intention to vacate rented premises under a fixed term residential rental agreement specifying a termination date that is not less than 14 days after the date on which the notice is given, irrespective of the date of the end of the fixed term.
(3) A renter to whom this section applies may give a residential rental provider a notice of intention to vacate premises rented under a periodic residential rental agreement specifying a termination date that is not less than 14 days after the date on which the notice is given.
(3A) A renter to whom subsection (1)(g) applies may give a residential rental provider who is, or was, an SDA provider, a notice of intention to vacate a premises that is, or was, an SDA enrolled dwelling, specifying a termination date that is not less than 14 days after the date on which the notice is given.
(4) A renter who gives a notice of intention to vacate under subsection (2) or (3) must provide with that notice of intention to vacate documentary evidence that substantiates the existence of special circumstances of a kind referred to in subsection (1)(b), (c) or (d), as the case requires.
(5) A renter who terminates a residential rental agreement under this section by notice of intention to vacate other than on receipt of a notice to vacate referred to in subsection (1)(a), is not liable to pay to the residential rental provider in relation to that termination any form of lease break fee (however described).
(6) In this section "special or personal care" means—
(a) assistance with one or more of the following—
(i) bathing, showering or personal hygiene;
(ii) toileting;
(iii) dressing or undressing;
(iv) meals; or
(b) physical assistance for persons with mobility problems; or
(c) assistance for persons who are mobile but require some form of supervision or assistance; or
(d) assistance or supervision in dispensing medicine; or
(e) the provision of substantial emotional support in a health or residential service.
(7) This section applies despite anything to the contrary in section 91Z or 91ZA.
S. 91ZC inserted by No. 45/2018 s. 236 (as amended by Nos 47/2019 s. 82, 32/2020 ss 10, 13, 1/2021 s. 94).