Notices to vacate and eviction

The only reasons you can be asked to leave immediately are:

• Your home is destroyed or unfit to live in (section 91ZL)
• You or one of your visitors:
  • Seriously damaged the property, either intentionally or recklessly (section 91ZI)
  • Endangered your neighbours or the landlord (officially called the rental provider) or someone working for them (section 91ZJ). 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 landlords must follow the rental laws

If you get an immediate notice to vacate, contact us for urgent advice. This page has information about getting help.

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

• Are 14 days or more overdue in your rent (section 91ZM). If you pay the rent before the date they want you to move out, you can usually stay. See more on our page about overdue rent
• Threatened or intimidated the landlord (officially called the rental provider) or someone working for them (section 91ZK)
• Didn’t pay the bond you agreed to in the lease, which is officially called the rental agreement (section 91ZN)
• Didn’t follow a compensation or compliance order from VCAT (section 91ZO)
• Sublet your home without the landlord’s consent (section 91ZV)
• Used, or let others use, your home for illegal activity (section 91ZQ)
• Breached your duty as a renter after receiving 2 previous breach notices for the same duty (section 91ZP)
• Let a child under 16 live at your home when your lease said children under 16 couldn’t live there (section 91ZT)

A landlord can also ask you to leave within 14 days if they lived at the property immediately before your lease started, and:

• The lease says they intended to move back in at the end of your first or second fixed term
• You get the notice before the end of your first or second fixed term (section 91ZW)

You can be given a minimum of 28 days notice to vacate if you keep a pet at home after VCAT has said it needs to go (section 91ZZG).

This is only for pets brought home after new pet laws started on 2 March 2020. See more on our page about pets and your tenancy.

You can be given a minimum of 60 days notice to vacate for these reasons. The landlord (officially called the rental provider) or their agent must attach documents as proof.

• You don’t have a fixed-term lease (officially called a rental agreement) and they want you to move out
• Your fixed-term lease is less than 6 months and they want you to move out when it ends (section 91ZZD). You must receive the notice to vacate at least 60 days before the last day of your lease
• The property has been, or is being, sold (section 91ZZB)
• The landlord or their partner, child, parent or partner’s parent, or someone else who normally lives with the landlord and is dependent on them, needs to move in (section 91ZZA)
• The property is to be repaired, renovated or reconstructed (section 91ZX)
• The property is to be demolished (section 91ZY)
• The property is to be used for a business instead of for renting (section 91ZZ)

A bank or other lender can give you a minimum of 60 days notice to vacate if they take possession of the property, as long as your lease started after they gave the landlord a mortgage (section 91ZZK). But they cannot do this if they gave the landlord permission to rent the property to you.

6-month restriction on re-renting

If you move out so the property can be demolished, used as a business or put up for sale, and this doesn’t happen, the landlord or agent cannot rent the property out again for 6 months unless they have permission from VCAT (section 91ZZH). The 6 months starts from the time they give you the notice to vacate.

If you move out so the landlord or a dependent family member can move in, and this doesn’t happen, they also cannot rent the property out again for 6 months unless they have permission from VCAT (section 91ZZH).

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

If you have a fixed-term lease (officially called a rental agreement) of 6 months or more and your landlord (officially called the rental provider) wants you to move out when it ends, they need to give you a 90-day notice to vacate (sections 91ZZD and 91ZZDA). They must give this to you at least 90 days before the last day of your lease.

You can wait until your landlord (officially called the rental provider) or their agent 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 landlord or their agent 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 property is to be repaired, renovated or reconstructed (section 91ZX)
• The property is to be demolished (section 91ZY)
• The property is to be used for a business instead of for renting (section 91ZZ)
• The landlord (officially called the rental provider) or their partner, child, parent or partner’s parent, or someone else who normally lives with the landlord and is dependent on them, needs to move in (section 91ZZA)
• The property has been, or is being, sold (section 91ZZB)

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

• 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
• You believe you received it because you reported damage, asked for repairs or stood up for your rights as a renter, and the reason given in the notice is that you or one of your visitors threatened or intimidated someone working for the landlord or agent, or because your initial fixed-term lease (officially called a rental agreement) is ending. If the reason is because your lease is ending, you must apply to VCAT within 21 days if your lease is less than 6 months, or within 28 days if your lease is longer than 6 months

For all other pre-emptive challenges, you need to apply to VCAT within 30 days of getting the notice. 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 landlord or agent 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 landlord or agent 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. Your lease (officially called a rental agreement) will continue as normal. 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 tenancy.

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

• You and any dependants or children who live with you
• Any co-renters who live with you
• The landlord (officially called the rental provider)
• 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 landlord or their agent
• 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 renters 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 landlord – 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 tenancy.

You can give this information to VCAT and the landlord (officially called the rental provider) or their agent 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 landlord or their agent

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

Did they do something unlawful, such as turning up at 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?

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 landlord may face if you stay

Even if you think the landlord 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 landlord’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, 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 back over a reasonable period of time.

Find out more on our website about overdue rent.

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 renter. 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 your neighbours or the landlord (officially called the rental provider) 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 landlords must follow the rental laws
• Threatening or intimidating the landlord 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 landlord (officially called the rental provider) has obtained the 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 landlord gets a warrant of possession, the police will come to your home or call to let you know. They then usually give you a couple of days to leave before they return and change the locks.

If you have to move out immediately

Some possession orders say you have to move out on the same day as the VCAT decision. This means the landlord can get a warrant of possession immediately and give it to the police. From this time on, there is a risk of the police coming to your home to evict you.

If you think you are going to be evicted immediately, try to arrange for somewhere safe to stay.

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 landlord (officially called the rental provider) 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.

Exceptions

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

• You seriously damaged the property, either intentionally or recklessly
• You endangered your neighbours or the landlord 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 landlords must follow the rental laws
• You threatened or intimidated the landlord or someone working for them
• Your home is destroyed or unfit to live in

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 landlord can get a warrant of possession, which means the police can evict you.

If VCAT makes a possession order and you weren’t 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 into the property.

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 your landlord 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 landlord (officially called the rental provider) or their agent 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 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 your landlord (officially called the rental provider). 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 landlords in numbered sections.

The sections in this list relate to notices to vacate and eviction in private rentals. Click on a link to see the section in the Act.

• Section 91P – Offence to obtain possession of premises
• Section 91ZI – Notice to vacate for intentional or reckless, serious damage
• Section 91ZJ – Notice to vacate for danger
• Section 91ZK – Notice for threats and intimidation
• Section 91ZL – Notice to vacate property destroyed or unfit for habitation
• Section 91ZM – Notice to vacate for rent arrears
• Section 91ZN – Notice to vacate for failure to pay bond
• Section 91ZO – Notice to vacate for failure to comply with Tribunal order
• Section 91ZP – Notice to vacate for successive breaches of duty
• Section 91ZQ – Notice to vacate for illegal use
• Section 91ZR – Notice to vacate for drug related conduct in public housing
• Section 91ZS – Notice to vacate for committed an indictable offence on the rented
• Section 91ZT – Notice to vacate for permitting child to reside in property
• Section 91ZU – Notice to vacate for false statement to housing authority
• Section 91ZV – Notice to vacate for assignment or sub-letting without consent
• Section 91ZW – Notice to vacate – residential rental providers principal place of residence
• Section 91ZX – Notice to vacate for renovations/repairs
• Section 91ZY – Notice to vacate for demolition
• Section 91ZZ – Notice to vacate as rental property to be used for business
• Section 91ZZA – Notice to vacate as residential rental provider or family member to occupy
• Section 91ZZB – Notice to vacate as property to be sold
• Section 91ZZD– Notice to vacate for end of fixed term not more than 5 years
• Section 91ZZDA – Notice to vacate for end of fixed term more than 5 years
• Section 91ZZE – Renter no longer meets eligibility criteria
• Section 91ZZG – Notice to vacate when pet kept without consent
• Section 91ZZH – Prohibition on letting premises after Notice
• Section 91ZZI – Notice to have no effect in certain circumstances
• Section 91ZZK – Notice by mortgagee
• Section 91ZZO – Requirements for the Notice to Vacate
• Section 91ZZP – Multiple Notice to Vacate given for different reasons
• Section 91ZZS – Renter may apply to tribunal
• Section 91ZZU – Renter may challenge Notice to Vacate on grounds of family violence or personal violence
• Section 91ZZV – What VCAT can order if a renter challenges a Notice to Vacate on grounds of family violence or personal violence
• Section 322 – Application for possession order by rental provider
• 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 – Application for possession may be dismissed or adjourned
• Section 332A – VCAT may dismiss possession order application and make a 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

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

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