A rental provider can apply to VCAT for a possession order to allow them to take back possession of the property.
However, before they can make this application they must have first given you a notice to vacate [section 322]. Note that on this page sections in brackets, such as [section 322], refer to sections in Victoria’s Residential Tenancies Act 1997.
See our page, Notice to vacate for more information, including information on the reasons notices to vacate can be given, minimum notice periods, which notices require additional documentary evidence, when a notice has no effect and challenging a notice to vacate.
If a rental provider applies to VCAT for a possession order they must send you a copy of their application and any evidence they want to rely on at the possession order hearing.
In addition to reviewing the information on this page, see our page, Overdue rent if you have received a notice to vacate for rent arrears and the rental provider has applied to VCAT for a possession order.
When the application can be made
If the rental provider has given you a notice to vacate for non-payment of rent, they can only apply for a possession order if you have not moved out by the termination date in the notice to vacate [section 91ZM].
For all other notices to vacate they can apply any time after they have given you the notice. However, VCAT cannot hear the application until after the termination date in the notice to vacate [sections 322 and 329].