Notices to vacate and eviction

You can only be asked to move out immediately if you or one of your visitors:

• Seriously damaged the park, its facilities or a hired caravan, either intentionally or recklessly (section 206AQ)
• Endangered people or property in the park, including the park owner or someone working for them. Only park owners can give this type of notice (section 206AR)
• Seriously interrupted the peace and quiet of other people living in the park or their visitors. Only park owners can give this type of notice (section 206AT)

If the park or caravan owner gives you an immediate notice to vacate, they must have detailed evidence for VCAT. If the notice to vacate is about causing danger, VCAT will also look at the Consumer Affairs Victoria guidelines, which set out how renters and rental providers (such as park and caravan owners) must follow the rental laws. To see what they say about dangerous behaviour, including what ‘endanger’ means, go to our page about the Consumer Affairs Victoria guidelines.

If you get an immediate notice to vacate, you do not necessarily have to move out. Contact us for urgent advice. This page says how you can get help.

You can be given a minimum of 7 days notice to vacate if you:

• Are 7 days or more overdue in your rent (section 206AU) or hiring charges (section 206AV)
• Didn’t follow a compensation or compliance order from VCAT (section 206AW)
• Used, or let others to use, the site or caravan for illegal activity (section 206AY)
• Breached your duty as a renter after receiving 2 previous breach notices for the same duty (section 206AX)

You can be given a minimum of 14 days notice to vacate if:

• You threatened or intimidated the caravan park owner or someone working for them. Only park owners can give this type of notice (section 206AS)
• The caravan owner or their partner, child, parent or partner’s parent, or someone else who normally lives with the caravan owner and is dependent on them, needs to move into the caravan. The caravan owner must attach documents as proof (section 206AZI). If you have a residency agreement for a fixed amount of time, the vacate date cannot be less than 14 days after the agreement ends (section 206AZB)

You can be given a minimum of 60 days notice to vacate if:

• The caravan has been, or is being, sold (section 206AZ). The caravan owner must attach documents to the notice as proof (section 206AZI). If you have a residency agreement for a fixed amount of time, the vacate date cannot be before the agreement ends (section 206AZ)
• Your residency agreement is for a fixed amount of time and the park or caravan owner wants you to move out when it ends. The vacate date cannot be before the agreement ends (section 206AZD)

6-month restriction on re-renting

If you move out so the park or caravan can be put up for sale, and this doesn’t happen, the site or caravan cannot be rented out again for 6 months from the date you got the notice to vacate, unless the park or caravan owner has permission from VCAT (section 206AZC).

If you move out so the caravan owner or a dependent family member can move into the caravan, and this doesn’t happen, they also cannot rent the caravan out again for 6 months, unless they have permission from VCAT (section 206AZC).

There are penalties if they re-rent the site or caravan without permission within 6 months. You can make a formal complaint to Consumer Affairs Victoria.

A mortgagee (such as a bank) can give you a notice to vacate if the park or caravan owner has a loan with them for the caravan or site.

For a caravan, if the owner got the loan:

• Before you moved in, you must be given at least 30 days notice
• After you moved in, you must be given at least 6 months notice (section 206AZG)

For a caravan park site, if the owner got the loan:

• Before you moved in, you must be given at least 90 days notice
• After you moved in, you must be given at least 6 months notice (section 206AZF)

If you are forced to leave because of a notice to vacate from a mortgagee, you may be able to claim compensation from the park or caravan owner.

If you get a notice to vacate from a mortgagee, seek advice immediately. This page says where you can get help.

If the caravan park is going to close, the park owner must give you a notice to vacate with at least 6 months notice (section 206AZA).

If you have a fixed-term residency agreement, they cannot ask you to leave before the end date of your agreement.

If you own a dwelling that is fixed to a site in the caravan park (other than an annex) you may be able to claim compensation from the park owner for the cost of relocating it, or for your losses if you cannot relocate it (section 215A). Find out more on our page about claiming compensation.

Consumer Affairs Victoria has more information about what must happen when a caravan park closes.

If the park owner believes you or your visitors are acting violently or putting someone in serious danger, they can give you a ‘notice to leave’ (section 368). They must use the official ‘notice to leave’ form to do this. A notice to leave is different from a notice to vacate.

If you get a notice to leave, you must leave the park immediately and not return for 2 full business days. You cannot go back during this time to collect clothes or other personal belongings – you have to arrange for someone else to get them.

The park owner must let VCAT know on the next business day if they give you a notice to leave. They may also make an urgent application to VCAT to end your residency. If they apply to VCAT, you cannot return until VCAT makes a decision. VCAT must hear the application within 2 business days.

Make sure you take your phone and charger, and call VCAT on 1300 018 228 during the suspension period to see if the park owner has applied to end your residency.

If the park owner does not apply to VCAT to end your residency, the suspension will lapse after 2 business days and you can return.

You cannot be given a notice to leave if:

• The serious violence or dangerous behaviour was family violence, and
• It came from a visitor who is a family member of yours

If you receive a notice to leave, you can challenge it. If the park owner was unreasonable in giving you the notice, you may also be able to get compensation. Contact us for urgent advice. This page says how you can get help.

You can wait until the park or caravan owner applies to VCAT for a possession order before you challenge the notice to vacate.

The possession order hearing cannot be held until after the date you were asked to leave has passed.

You don’t have to pay a fee to challenge the notice at this hearing.

The park or caravan owner must prove to VCAT that the notice is legally valid. Before the hearing, they have to send you a copy of their application and anything else they want to use as evidence.

You should go to the hearing so you can have your say. Read more on this page about what happens at the hearing.

For some notices to vacate, you can apply to VCAT to challenge the notice before there is a possession order hearing. This is often called a ‘pre-emptive challenge’.

You can do this if you are asked to leave because:

• The caravan has been, or is being, sold (section 206AZ)
• The caravan park is closing (section 206AZA)
• The caravan owner or their partner, child, parent or partner’s parent, or someone else who normally lives with the caravan owner and is dependent on them, needs to move into the caravan (section 206AZB)
• Your fixed-term residency agreement is ending (206AZD)

You can also challenge a notice to vacate before a possession order hearing if:

• You believe you received it because you reported damage, asked for repairs or stood up for your rights as a resident, and the reason given in the notice is one of the above or that you or one of your visitors threatened or intimidated someone working for the park or caravan owner
• You believe you received it because of direct discrimination. See more on our website about discrimination
• The reason given in the notice was caused by someone being violent towards you. See more on this page about notices to vacate when there is family or personal violence

To make a pre-emptive challenge, you need to apply to VCAT within 60 days of getting the notice, or within 30 days if you are challenging on the basis of family or personal violence. When applying for a pre-emptive challenge, you usually have to pay a fee. Find out more on our website about applying to VCAT.

With a pre-emptive challenge, you have to prove at a VCAT hearing that the notice is not legally valid.

If VCAT agrees it is not valid, you won’t have to move out.

If VCAT decides it is valid, the park or caravan owner must still apply for a possession order. You can go to the possession order hearing but you cannot raise the same arguments you used for the pre-emptive challenge at this hearing. You can, however, tell VCAT other reasons why you should stay.

Challenging a notice to vacate pre-emptively is just an option – you don’t have to do it. If you prefer, you can wait until the park or caravan owner applies for a possession order, then challenge the notice to vacate at the hearing.

If you want to know if you can make a pre-emptive challenge, you can contact Tenants Victoria or another organisation for advice. See the information on this page about where to get help.

If VCAT decides the notice to vacate is not valid, it will dismiss the application for a possession order. You won’t have to move out.

If VCAT decides the notice to vacate is valid, it doesn’t necessarily mean you will have to move out. The next important step is for VCAT to consider if it would be ‘reasonable and proportionate’ to make a possession order and end your residency.

To do this, it considers the impact ending your stay would have on:

• You and any dependants or children who live with you
• Any co-renters who live with you
• The park or caravan owner
• Any neighbours or other people who may be, or were, affected by your actions

VCAT must also consider:

• Your behaviour and the behaviour of the park or caravan owner
• The seriousness of the problem, how long it has been going on and whether it can be fixed
• Whether someone else was responsible, and if family or personal violence was involved
• Whether any other residents have been affected
• Whether a different order could be made instead of you being evicted
• The hardship you and your household may suffer if evicted, compared to the hardship others – such as the park or caravan owner – may suffer if you are not evicted
• Anything else VCAT thinks is relevant

At the hearing, you can have your say. This page has more about telling VCAT why you should stay.

If VCAT decides it would not be ‘reasonable and proportionate’ to make a possession order, it cannot make that order. It may dismiss the application or it may make another order instead. You won’t have to move out. See more on this page about other orders instead of possession orders.

If VCAT decides it is ‘reasonable and proportionate’ to make a possession order, it must make a possession order. This page has more on what happens if VCAT makes a possession order.

If VCAT decides the notice to vacate is legally valid, you should give any evidence you have to show that it would not be ‘reasonable and proportionate’ to make a possession order and end your residency.

You can give this information to VCAT and the park or caravan owner at the hearing. Or you can give it to them beforehand – this is a good idea if you have documents, like support letters or details about your financial situation, that you want them to look at before the hearing. VCAT has more information on preparing for the hearing.

If you are concerned about sharing personal information relating to issues like trauma or your mental or physical health, you can raise this with VCAT and ask that the information be restricted under the Open Courts Act 2013. This usually means that your personal information will be anonymous and not made public. It will be up to VCAT to decide if this is appropriate.

To show VCAT that a possession order is not ‘reasonable and proportionate’, you can provide evidence about:

The behaviour of the park or caravan owner

Did their behaviour contribute to you getting a notice to vacate?

Did they do something unlawful, such as entering your home without notice or harassing you?

Were they being unreasonable in giving you a notice to vacate? Why?

Your behaviour

Why were you given the notice to vacate? Was it because of something you did?

Was it something trivial?

Have you fixed, or can you fix, the problem?

Has it happened before? Can you show that it is unlikely to happen again?

Was someone else responsible?

If you weren’t at fault, can you show that?

Were there any witnesses who could write a statement or give evidence at the hearing?

If it was for something serious or criminal, are there police reports?

Family or personal violence

Family violence is committed by a family member. Personal violence is committed by someone who is not a family member. Was the reason for the notice to vacate related to someone being violent towards you?

Do you have any evidence of this? Evidence could include:

• Letters or statements from support workers, friends and family
• Reports from support workers or medical professionals
• Photo and video evidence
• Emails and texts
• An intervention order or an application for one
• Police reports or charges

Could a different order be made instead?

Could VCAT make another order that would allow you to stay instead of making a possession order?

For example, could VCAT make a compliance order telling you to fix the problem and not repeat it?

Or order a payment plan to pay off overdue rent or hiring charges?

Hardships you may face if evicted

You should provide details of any hardships you may face if evicted. Try to get letters of support and other documents to help show that these hardships are likely to happen.

Hardships may include:

• Homelessness: If evicted, would you be at risk of homelessness? Have you tried to find other accommodation but been unsuccessful? Do you have evidence of this you could show VCAT?
• Financial hardship: Are you struggling to make ends meet? Can you afford to leave? Can you afford to find a new home? Are you working or is Centrelink your only income? Do you have evidence of your financial situation you could show VCAT?
• Connections to your home and local community: What connections might you lose if evicted? Do you have cultural links to your home or area? Are there local services you would no longer be able to use?
• Family connections and considerations: Do you have family connections in the area? If you have children, how would eviction affect them? For example, instability, insecurity, changing schools, or not being able to access support services
• Mental and physical health: Could being evicted affect your health? For example, is your current home easily accessible or modified to suit a disability? Would having to find a new home affect your mental health? Will you lose any current health supports, or find them more difficult to access?

Hardships the park or caravan owner may face if you stay

Even if you think the park or caravan owner is going to say it will cause them hardship if you don’t move out, you should still explain to VCAT that a possession order would not be ‘reasonable and proportionate’ because the impact on you would be greater, and detail how you would be affected. VCAT may agree with you.

For example, in some previous cases relating to overdue rent, VCAT has ordered a payment plan instead of a possession order because the renter’s risk of homelessness was more severe than the rental provider’s risk of financial hardship.

If VCAT decides it would not be ‘reasonable and proportionate’ to make a possession order, it may make a different order instead. You won’t have to move out.

If VCAT makes a different order, you will be told on the day of the hearing about what happens next.

Payment plan instead of possession order

If your notice to vacate was for overdue rent or hiring charges, VCAT could put the application for a possession order on hold and make an order for a payment plan instead. This means you could pay the overdue rent or hiring charges back over a reasonable period of time.

Compliance order instead of possession order

In some cases, VCAT may make a compliance order instead of a possession order, giving you a chance to avoid eviction.

A compliance order requires you to follow your legal duties as a caravan park resident. If you don’t comply, you could receive another notice to vacate, return to VCAT, and risk eviction again.

VCAT may consider a compliance order if your notice to vacate was for:

• Seriously damaging the property, either intentionally or recklessly
• Endangering other residents, the park or caravan owner, or someone working for them. For more on what ‘endanger’ means, see our page about the Consumer Affairs Victoria guidelines. These are official guidelines that set out how renters and rental providers (such as park and caravan owners) must follow the rental laws
• Threatening or intimidating the park or caravan owner or someone working for them

For example, if you verbally abuse or threaten a neighbour and then receive a notice to vacate for endangering others, VCAT may decide that, although you were causing danger, it would not be ‘reasonable and proportionate’ to make a possession order. Instead, VCAT may make a compliance order that requires you to not cause a nuisance or verbally abuse or threaten your neighbours. For more on what ‘reasonable and proportionate’ means, see the section on this page about what happens if VCAT decides the notice to vacate is legally valid.

Once the park or caravan owner gets a warrant of possession, it is usually valid for 14 days. This is the time when the police can evict you. But they cannot do it overnight between 6 pm and 8 am or on a Sunday or public holiday.

If the park or caravan owner gets a warrant, the police usually come to your home or call to let you know. They often give you a couple of days to leave before they return and change the locks.

If you have to move out immediately

If the possession order says you have to move out immediately, you can still return home on that day.

However, the park or caravan owner can get a warrant of possession on the day of the hearing and give it straight to the police. If this happens, you should contact your local police station to find out when they intend to evict you. The eviction could happen any day once the police have the warrant.

If you think you will be evicted, it is a good idea to arrange for somewhere to stay and relocate your possessions, especially if it is likely to be on the same day as the hearing or at short notice.

If you have nowhere to go, there are housing services that may be able to help. Contact the Victorian Government’s crisis accommodation services or call the 24-hour number: 1800 825 955.

If you don’t have time to move all your possessions out, take photos as proof of ownership in case anything is unlawfully disposed of or stolen. Find out more on our page about goods left behind.

At the possession order hearing, you can ask VCAT to postpone issuing a warrant of possession. This delays your eviction. VCAT can postpone a warrant for up to 30 days.

In deciding whether or not to postpone a warrant, VCAT considers:

• The hardship you and your household may suffer if the warrant is not postponed
• The hardship the park or caravan owner may suffer if the warrant is postponed

You should take any evidence of your hardship to the possession order hearing, such as proof that you have applied for other rental properties, medical certificates and letters from support workers.

If you want this extra time, you must request it at the possession order hearing.

Exceptions

You cannot ask for a postponement in some circumstances. These include if you got the notice to vacate because:

• You or your visitor seriously damaged the park, its facilities or a hired caravan, either intentionally or recklessly (section 206AQ)
• You or your visitor endangered other park residents, the park owner or someone working for them (section 206AR). For more on what ‘endanger’ means, see our page about the Consumer Affairs Victoria guidelines. These are official guidelines that set out how renters and rental providers (such as park and caravan owners) must follow the rental laws
• You or your visitor threatened or intimidated the park owner or someone working for them (section 206AS)
• You or your visitor seriously interrupted the peace and quiet of other people living in the park or their visitors (section 206AT)

You cannot delay the warrant of possession, but you can ask for a later vacate date in the possession order, to give you extra time. VCAT can set the vacate date to be up to 30 days after the possession order is made.

For example, if the possession order is made on 1 July, it may say you have until 30 July to leave. After that, the park or caravan owner can get a warrant of possession, which means the police can evict you.

If VCAT makes a possession order and you (or someone representing you) were not at the hearing, you can apply to VCAT to reopen the order. This is sometimes called a review.

Reopening an order gives you the opportunity to present your case and have the previous order cancelled.

You need to apply to reopen the order within 14 days of finding out about the order.

You also need to apply before the police evict you. Once you have been legally evicted, VCAT has no power to order that you be allowed to move back in.

If possible, go to VCAT in person and apply for an urgent review. If you cannot get to VCAT, use the form on VCAT’s website to apply: Application to reopen an order. If you need assistance with the form, call VCAT on 1300 018 228. Also see the information on this page about getting help.

When you apply to reopen the order, ask VCAT to get the police to put a stop on the warrant of possession (if the park or caravan owner has one). You should also call the local police station to confirm that you have lodged the application to reopen the order with VCAT.

At the review hearing you will need to convince VCAT that you had a good reason for not going to the original hearing, and that you have a reasonable case to argue if they reopen the order.

If VCAT accepts your explanation, it will set aside its earlier decision and re-hear the application for a possession order. Be ready to tell your side of the story on the same day.

There is no fee for applying for a review hearing.

A restraining order is an order from VCAT that tells someone they must do something, or stop doing something.

If the park or caravan owner threatens to physically evict you, you should apply to VCAT for a restraining order to stop them doing this. Apply in person or call 1300 018 228 and ask for an urgent hearing. Find out more on our page about restraining orders.

If the park or caravan owner threatens you or your family with violence, you may also want to apply for an intervention order. The Magistrates’ Court of Victoria has more information about personal safety intervention orders.

If you are illegally evicted, you can also lodge a complaint with Consumer Affairs Victoria. There are harsh penalties for individuals and companies convicted of carrying out an illegal eviction.

You can also seek compensation for any inconvenience, costs, loss or damage to your goods caused by the unlawful actions of the park or caravan owner. Find out more on our website about claiming compensation.

If you need support in dealing with a notice to vacate or eviction, help is available. 

These extra resources may assist if you are dealing with a notice to vacate or eviction.

The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of renters and rental providers (like park and caravan owners) in numbered sections.

The sections in this list relate to caravan parks. Click on a link to see the section in the Act.

• Section 206AF – Offences relating to interference with rights
• Section 206AK – Notice of intention to vacate site or caravan
• Section 206AL – Notice if caravan destroyed or unfit for habitation
• Section 206AM – Rent or hiring charge payable on termination without notice
• Section 206AN – Rent or hiring charge payable if site or caravan vacated early
• Section 206AO – Abandonment of site or caravan
• Section 206AP – Order of abandonment
• Section 206AQ – Damage
• Section 206AR – Danger
• Section 206AS – Threats and intimidation
• Section 206AT – Disruption
• Section 206AU – Non-payment of rent
• Section 206AV – Non-payment of hiring charges
• Section 206AW – Failure of resident to comply with VCAT order
• Section 206AX – Successive breaches by resident
• Section 206AY – Use of site or caravan for illegal purpose
• Section 206AZ – Sale of caravan
• Section 206AZA – Closure of caravan park
• Section 206AZB – Occupation by caravan owner
• Section 206AZC – Prohibition on hiring of caravans or renting of sites after notice
• Section 206AZD – Notice under agreement with specified period of occupancy
• Section 206AZE – Notice of no effect
• Section 206AZF – Notice by caravan park mortgagee
• Section 206AZG – Notice by caravan mortgagee
• Section 206AZH – Form of notice of intention to vacate
• Section 206AZI – Form of notice to vacate
• Section 322 – Application for possession order by rental provider
• Section 324 – Application for possession order by park or caravan owner
• Section 329 – Hearing of an application for a possession order
• Section 330 – VCAT order for a Possession Order
• Sections 330A – What is reasonable and proportionate
• Section 331 – Possession order to be dismissed or adjourned in certain circumstances
• Section 332A – VCAT may dismiss possession order application and make compliance order in certain circumstances
• Section 333 – Contents of possession order
• Section 351 – Issue of warrant of possession
• Section 352 – Postponement of the warrant of possession
• Section 368 – Manager may give person notice to leave – serious acts of violence
• Section 369 – Offence to remain on premises if given notice to leave
• Section 371 – Notice to leave suspension
• Section 372 – Offence to re-enter premises during suspension
• Section 372A – Suspended resident may make arrangements for collection of personal items
• Section 374 – Urgent applications to VCAT
• Section 390 – Abandoned caravans

The Residential Tenancies Regulations 2021 provide more detail and definitions, and specify updates to the Residential Tenancies Act.

The Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2024 set out the requirements and standards of structures, facilities and services in caravan parks.

These other Acts and regulations also apply to notices to vacate and eviction:

• Victorian Civil and Administrative Appeals Tribunal Act 1998: Section 120 – Re-opening an order on substantive grounds
• Victorian Civil and Administrative Tribunal Rules 2018: Regulation 4.24 – Reopening an order