Notices to vacate (rooming houses)

If the rooming house operator wants you to move out, they must:

• Give you a valid notice to vacate
• Get a possession order, which says you must move out, from the Victorian Civil and Administrative Tribunal (VCAT)
• Use the possession order to get a warrant
• Give the warrant to the police

For more information see our page Evictions (rooming houses).

Illegal evictions

You cannot be evicted by anyone but the police. It is illegal for anyone else to try to evict you. Only the police can lawfully evict you – and only if they have a warrant.

You can only be given a notice to vacate for certain reasons. If you get a notice to vacate for any other reason it is not legally valid.

If you get a notice to vacate, get advice as soon as possible, such as from us at Tenants Victoria or from a Tenancy Assistance and Advocacy Program service or Tenancy Plus service for people in public or community housing. For contact details scroll down this page to the ‘Useful links’ heading.

The reasons you can be given a notice to vacate are listed below.

Damage

You or your visitor deliberately or recklessly caused serious damage.

Danger

You or your visitor caused danger to other people in the rooming house or neighbouring properties, or to the rooming house operator, their agent, contractor, or employee.

Threats or intimidation

You were threatening or intimidating to the rooming house operator, their agent, contractor, or employee.

Disruption

You or your visitor seriously disrupted the peace and quiet of the other residents.

Overdue rent

You owe 7 days, or more, in rent.

Failure to comply with VCAT order

VCAT made a compliance order about you breaching your duties and you have not followed that order.

Successive breaches

You have repeatedly breached your duties under the law and have already been given 2 breach notices for the same duty.

Room used for an illegal purpose

You used, or let someone else use, your room for an illegal purpose.

Sale of rooming house

The rooming house has been, or is being, sold.

This notice needs to include evidence to show the reason is genuine.

Repairs or demolition

The rooming house is going to be repaired, renovated, reconstructed, or demolished and cannot be done unless you move out, and there is no other room you can stay in.

This notice needs to include evidence to show the reason is genuine.

End of agreement (lease)

You have a rooming-house agreement (lease) for a fixed term that is coming to an end.

A notice to vacate must:

• Be in writing
• Be addressed to you
• State the reason it is being given
• Include the date the rooming house operator wants you to leave – the ‘termination date’
• Be signed and dated by the rooming house operator, or their agent

If a notice to vacate does not have all these things it is not valid – not legally binding.

Termination date

Some notices to vacate can ask you to move out straight away, while others need to give you a minimum notice period. See the section headed ‘Minimum notice periods’ on this page.

A notice to vacate must include a termination date that would give you the correct minimum notice to move out.

A notice to vacate must be given in the right way under the law.

It cannot be left pinned to your door, under your door or in your letterbox.

It can only be given to you in one of 3 ways:

• In person
• By registered post – including extra time for delivery
• Electronically, such as by email or SMS – but only if you have agreed to be sent notices this way

If a notice to vacate has not been given correctly it is not valid and not legally binding.

Check your mail, emails, and messages

If you have agreed you can be sent notices electronically, make sure you check your emails and messages regularly.

Also check your post regularly, especially if you get a card from the post office telling you there is registered post to collect.

Not getting a notice to vacate because you did not check your messages or collect your post will not protect you from being evicted.

Some notices to vacate can ask you to move out straight away, while others need to give you a minimum notice period.

A notice to vacate must include a termination (vacate) date that would give you the correct minimum notice to move out. If it does not, it is not valid– not legally binding.

• Damage, danger, disruption – immediate – there is no minimum notice period for these notices. The termination date can be the same as the date the notice is given.
• Overdue rent, illegal purpose, failure to comply with VCAT order or successive breaches – 2-days – the minimum notice period for these notices is 2 days.
• Threats or intimidation – 14 days – the minimum notice period for this notice is 14 days.
• End of agreement – 28 days – the minimum notice period for this notice is 28 days.
• Sales of rooming house, repairs, or demolition – 60 days – the minimum notice period for these notices is 60 days.

You do not necessarily need to move out just because you have been given a notice to vacate.

If the rooming house operator wants you to move out, they must:

• Give you a valid notice to vacate
• Get a possession order from VCAT which says you must move out
• Use the possession order to get a warrant
• Give the warrant to the police

If you think the notice to vacate is not valid, or you should not have been given it, you can have your say at VCAT at the possession order hearing.

Even if the notice to vacate is valid, VCAT may be able to make a different order that will allow you to stay, rather than be evicted.

For more information see our page Evictions (rooming houses).

Some notices to vacate will not be valid if the reason they were given was caused by someone who has subjected you to family or personal violence.

If this relates to you, you can challenge any of the below notices to vacate:

• Damage
• Danger
• Threats or intimidation
• Disruption
• Failure to comply with VCAT order
• Successive breaches
• Illegal purpose

You can challenge such notices either at a VCAT possession order hearing or by applying to VCAT within 30 days of being given the notice to vacate.

If you want to challenge a notice to vacate because of family or personal violence, you should seek advice as soon as possible, such as from us at Tenants Victoria or from a Tenancy Assistance and Advocacy Program service or Tenancy Plus service for people in public or community housing. For contact details scroll down this page to the ‘Useful links’ heading.

Some notices to vacate, in some situations, have ‘no effect’. This means they cannot be enforced.

End of fixed-term agreement

A notice to vacate for this reason has no effect in these situations:

• The termination date is a date that is before the end date in your fixed-term agreement
• Giving the notice to you would be direct discrimination
• You were given the notice because you reported damage or repairs, or in response to you exercising, or trying to exercise, your rights

You can challenge this notice at VCAT – either at a possession order hearing or by applying to VCAT within 14 days of being given it.

Sale of rooming house or repairs

A notice to vacate for these reasons has no effect if:

• The termination date is a date that is before the end date in your agreement, if you have a fixed-term residency agreement
• Giving the notice to you would be direct discrimination

You can challenge these notices at VCAT – either at a possession order hearing or by applying to VCAT within 30 days of being given it.

Threats or intimidation

A notice to vacate for this reason has no effect if you were given it in response to you exercising, or trying to exercise, your rights.

You can challenge this notice at VCAT – either on or before a possession order hearing.

If you want to challenge a notice to vacate, you should seek advice as soon as possible, such as from us at Tenants Victoria or from a Tenancy Assistance and Advocacy Program service or Tenancy Plus service for people in public or community housing. See the contact details below under ‘Useful links’.

View our handy pocket guide on moving in, living in, and moving out of a rooming house.

See the list below for links to the laws on notices to vacate in rooming houses.

Rooming houses
Duties and breaches (rooming houses)
Moving out (rooming houses)
Evictions (rooming houses)
VCAT