A notice to vacate must be in the proper form and be signed and dated by the landlord or agent.
It cannot just be left in your letterbox or under your door. It must be given to you in person, sent by registered mail, or the landlord might give you the notice by electronic method such as email if you agree. If you receive a notice to vacate electronically and you have not consented, check your lease and contact us for further advice.
If the notice is sent by mail, the notice period must include the time it would take to reach you. See Australia Post delivery times.
To be valid, a notice to vacate must provide for the clear minimum notice period required by law plus the time it takes in the post, and one extra day being the termination date. The termination date is not included in the clear notice period. You should also make sure you keep the registered envelope and the tracking number as this can be important evidence. Even if you do not collect your registered post, the Tribunal may still consider that it has been lawfully served.
The reason for the notice must be clearly stated with sufficient detail and it must be a valid reason (except in the case of a 120-day no-reason notice to vacate).
If it does not meet all of these requirements, a notice to vacate is invalid. If you have doubts about the validity of your notice to vacate, you should seek advice as soon as possible.