Victorian Current Acts

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RESIDENTIAL TENANCIES ACT 1997 - SECT 368

Manager may give person notice to leave—serious acts of violence

S. 368(1) amended by No. 45/2002 s. 91(1).

    (1)     A manager of managed premises may give a resident a notice to leave the managed premises immediately if the manager has reasonable grounds to believe that—

        (a)     a serious act of violence by the resident has occurred on the managed premises; or

        (b)     the safety of any person on the managed premises is in danger from the resident.

S. 368(2) amended by No. 45/2002 s. 91(1).

    (2)     A manager of managed premises may give a resident's visitor a notice to leave the premises immediately if the manager has reasonable grounds to believe that—

        (a)     a serious act of violence by the visitor has occurred on the managed premises; or

        (b)     the safety of any person on the managed premises is in danger from the resident's visitor.

S. 368(2A) inserted by No. 45/2018 s. 255(1) (as amended by No. 47/2019 s. 84).

    (2A)     A manager of managed premises may give a resident a notice to leave the managed premises immediately if the manager has reasonable grounds to believe that—

        (a)     a serious act of violence by a resident's visitor has occurred on the managed premises and the resident caused, counselled or permitted the resident's visitor to commit the serious act of violence; or

        (b)     the safety of any person on the managed premises is in danger from a resident's visitor and the resident caused, counselled or permitted the resident's visitor to commit the act that endangered the safety of the person.

    (3)     A notice to leave under this section must be in the prescribed form.

S. 368(4) inserted by No. 45/2002 s. 91(2).

    (4)     A notice to leave under this section must be given as soon as it is possible for the manager to safely do so after the serious act of violence has occurred or the safety of a person on the premises has been endangered.

S. 368(5) inserted by No. 45/2018 s. 255(2).

    (5)     A manager of managed premises must not give a resident a notice to leave under subsection (2A) if—

        (a)     the serious act of violence or the act that endangered the safety of a person is family violence; and

        (b)     the resident's visitor is a family member of the resident.

S. 368A inserted by No. 45/2002 s. 92, amended by Nos 67/2010 s. 142, 45/2018 s. 256.



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