Victorian Current Acts Victorian Current Acts(1) If a renter dies, the residential rental agreement terminates at the earliest of the following dates—
(a) the termination date specified in the notice of intention to vacate given under subsection (2); or
(b) the termination date specified in the notice to vacate given under subsection (3); or
(c) the termination date specified in the Tribunal order under subsection (5); or
(d) a date agreed in writing between the residential rental provider and the legal personal representative or next of kin of the deceased renter.
(2) The legal personal representative or next of kin of the deceased renter may give the residential rental provider a notice of intention to vacate the rented premises due to the death of the renter specifying a termination date, which, in the case of a fixed term residential rental agreement, may be a date before the end of that agreement.
(3) The residential rental provider may give the legal personal representative or next of kin of the deceased renter a notice to vacate the rented premises due to the death of the renter specifying a termination date, which, in the case of a fixed term residential rental agreement, may be a date before the end of that agreement.
(4) If a residential rental provider is unable to give notice to vacate under subsection (3) because the legal personal representative or next of kin of the deceased renter cannot be located, the residential rental provider may apply to the Tribunal for—
(a) an order to terminate the residential rental agreement; and
(b) if required, a possession order.
(5) On an application under subsection (4), the Tribunal may—
(a) make an order terminating the residential rental agreement; and
(b) make a possession order under Part 7.
(6) Nothing in this section prevents the legal personal representative or next of kin of a deceased renter giving vacant possession of the rented premises to the residential rental provider at any time before any termination date referred to in subsection (1).
(7) The estate of a deceased renter is not liable for any rent for any period between the date vacant possession of the rented premises is given under subsection (6) and any termination date specified in a notice to vacate or notice of intention to vacate given under this section (as the case requires).
(8) This section does not apply if there is more than one renter under the residential rental agreement.
S. 91O inserted by No. 45/2018 s. 236 (as amended by Nos 47/2019 s. 82, 32/2020 ss 10, 13, 1/2021 s. 94).