What happens when my fixed-term lease ends?

When a fixed-term lease ends, and you stay in the property without signing a new agreement, your lease automatically becomes a periodic tenancy (often known as a month-to-month agreement).

Example: 

• An example of a fixed-term lease is a lease agreement with a term of 12 months.
• When the 12 months are over, the agreement automatically becomes a periodic tenancy, unless either the rental provider or the renter gives notice to the other party to terminate (ie. end) the lease agreement.

So, do I still have a lease after the fixed-term is over?

Have you or the rental provider issued a notice to terminate the lease?

• No – then, Yes! You do still have a lease - your lease becomes a periodic tenancy
• Yes – then, no – your lease will terminate at the later of the date specified in the fixed-term lease agreement or on the notice to terminate.

What are my obligations under a periodic tenancy?

If your fixed-term lease becomes a periodic tenancy, the terms of the fixed-term lease that you signed are the same (to the extent that they can still stand).

This means that you need to do all the things you agreed to under the lease (for example, pay the rent you agreed to in the lease) and your rental provider needs to do all the things they agreed to (such as performing repairs). The terms of the lease can be amended if both parties agree in writing.

I’m on a periodic tenancy - can the rental provider increase my rent?

If you’re on a periodic agreement, and your rental provider wants to increase your rent, then they need to let you know 60 days before the increase.

• If your periodic agreement started before 19 June 2019, then the rental provider can’t increase the rent more than once every 6 months.
• If your periodic agreement started on or after 19 June 2019, then the rental provider can’t increase the rent more than once every 12 months.

I’m nearing the end of my fixed-term agreement and want to move out. How do I go about it?

If you’re reaching the end of your fixed-term lease agreement and want to move out, you need to let your rental provider know in writing (for example, by sending them an email). Most of the time, you need to let them know at least 28 days before you want to leave the property.

There are some circumstances where you can give 14 days’ notice (instead of 28 days). This include:

• where you require special or personal care and need to vacate the property in order to get this care;
• where you have accepted accommodation by Homes Victoria or a registered housing agency;
• where you need temporary crisis accommodation and need to leave the property to get this accommodation;
• where you are renting under the Victorian Affordable Housing Programs and you have found alternative accommodation and need to vacate the property to take up that accommodation; or
• where you have a disability and request reasonable alterations to the premises (in accordance with section 55 of the Equal Opportunity Act 2010), and your rental provider refuses to comply with it.

What if I decide I want to move out during the periodic lease?

Even if you are on a periodic lease, you still need to let your rental provider know in advance if you intend to move out of the property.

You need to give at least 28 days’ notice before you want to leave the property unless one of the following exceptions apply (in which case you can provide less notice):

• you have been given a notice of an intention to sell by the rental provider, and you hadn’t already been given a notice of this; or
• you’re a National Disability Insurance Scheme (NDIS) recipient, in special disability accommodation, and your rental provider is a registered provider under the NDIS who has had their registration revoked.

What if my rental provider wants me to move out?

If your rental provider wants you to move out, they also need to let you know in writing - using the correct form, and have a valid reason, unless you agree.

Fixed term lease: If your rental provider wants you to move out at the end of a fixed-term lease, they need to let you know before the fixed-term lease ends. How much notice they need to give you depends on the length of your fixed-term agreement.

• If your fixed-term agreement was for 6 months or less, they need to notify you 60 days before the end of the fixed-term;
• If your fixed-term agreement was for 6 month or more (but not over five years), they need to notify you 90 days before the end of the initial fixed-term; and
• If your fixed-agreement was for more than 5 years, they need to notify you 90 days before the end of the initial fixed-term period.

Periodic tenancy: If the landlord wants you to move out while you are on a periodic tenancy, they still need to have a valid reason, and need to give you appropriate notice depending on the circumstances.

If your fixed-term lease agreement has ended, and you want to sign a new fixed-term lease agreement (instead of being on a periodic tenancy), then you should contact your rental provider and let them know.

If I want to enter into a new fixed term lease agreement, can the rental provider increase the rent from my last agreement?

Yes, if you want to enter into a new fixed-term agreement, then you and the rental provider can negotiate new terms of the agreement. This means that the rental provider can propose a rent increase. However, there are rules about how often the rent can be increased.

We last updated this page in May 2023. Please remember that this is only legal information. If you're thinking about taking action, you should chat to a lawyer for advice about your situation first.