Threat of illegal eviction
James is a resident in a rooming house. The rooming house operator (landlord) sent him a text message telling him he had to move out by the end of the week. James has not been given a notice to vacate.
He asked the rooming house operator why he had to move. The operator told him someone else wanted to move in and would pay more rent, so James had to leave. James received a second text message the next day saying if he was not out by the end of the week, the rooming house operator would change the locks and put his things out on the street.
James can make an urgent application to VCAT for a restraining order to stop the rooming house operator from illegally evicting him.
Below is an example of what details James should include in his application for an urgent restraining order.
Unlawful attendance and entry
Misha rents a house with a yard. Misha has seen the rental provider (landlord) slowly drive past 3 times. Then the rental provider came to the property, unannounced and without the written notice required by the law. The rental provider told Misha the neighbours, who are his friends, told him the grass was too long so he wanted to come into the backyard to check.
Misha regularly mows the grass and takes care of the yard and told the rental provider this. She asked the rental provider to leave and to not drive past the property or turn up unannounced.
Misha then emailed the agent about the rental provider turning up unannounced and asked that they make sure this did not happen again.
A week later the rental provider turned up again, without any notice, and tried to force his way into Misha’s home. When Misha refused the rental provider became angry and yelled at her that it was his property, and he could come whenever he wanted.
Misha can make an application to VCAT for a restraining order to stop the rental provider from driving past or turning up at her home without giving her proper written notice.
View this extract from the VCAT application form for an example of the claim details Misha could include in her application for a restraining order.
Misha also has the option to give the rental provider a breach of duty notice and to claim compensation for breaches of her quiet enjoyment.
See our pages Privacy and entry and Landlord breaches and other notices.