Eviction in Victoria: Notices to Vacate, VCAT and Your Rights as a Renter

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

In Victoria, a rental provider can end a tenancy only with a notice to vacate for a reason the Residential Tenancies Act 1997 allows; since 25 November 2025 there are no "no reason" notices, even at the end of a fixed term, and notices for reasons such as sale, renovation or the owner moving in need 90 days. A renter who stays cannot be removed without a VCAT possession order, which VCAT makes only if it is reasonable and proportionate, and the eviction itself is carried out by police under a VCAT warrant.

Checked on 23 October 2026 against the Residential Tenancies Act 1997 (Vic) and Consumer Affairs Victoria.

Valid reasons and notice periods

• No other reason is valid. Since 25 November 2025 a rental provider cannot give a notice to vacate without a reason, even when a fixed-term agreement ends. If nothing else is agreed, a fixed-term agreement that ends becomes a month-to-month (periodic) agreement. A notice given under the old "end of fixed term" rule before that date stays in force until its termination date.
• Fixed terms: a notice for repairs, demolition, business use, the owner or family moving in, sale, public purposes or social housing eligibility has no effect if its termination date is before the end of your fixed term, unless your agreement allows early termination on notice.
• Evidence: a notice for repairs, demolition, business use, the owner or family moving in, sale or public purposes, or for the owner resuming their former home, must come with documentary evidence approved by the Director of Consumer Affairs Victoria, such as a statutory declaration, a building or demolition permit, or a contract of sale or agent's authority to sell. Without it, the notice is not valid.
• No re-letting for 6 months: after a notice for demolition, business use, the owner or family moving in, or sale, the property must not be let as a home for 6 months from the date of the notice, unless VCAT allows it (or, for owner occupation, to the person named). The maximum fine is 150 penalty units ($31,365) for an individual and 750 penalty units ($156,825) for a company.
• Discrimination and retaliation: an owner-reason notice has no effect if giving it would be direct discrimination under the Equal Opportunity Act 2010. Consumer Affairs Victoria says a rental provider cannot give you notice for doing something you are legally allowed to do, such as asking for repairs, asking to keep a pet or challenging a rent increase.
• Older figures online: Consumer Affairs Victoria's "Notice to vacate in rental properties" page still lists 60-day periods and a no-reason notice at the end of a first fixed term. The Act was changed on 25 November 2025, and Consumer Affairs Victoria's own "New changes to rental laws" and "Evictions and possession orders" pages give the 90-day periods and the ban.

How a notice to vacate must be given

• The notice must be in the official form, be addressed to you, state the reason, be signed by the rental provider or their agent, include the evidence required for that reason, and give the termination date.
• Delivery: by hand, by registered post addressed to you at the rented property, or by email or other electronic means if you have agreed to receive notices that way. Ordinary post is not enough.
• Withdrawing a notice needs a written notice of withdrawal signed by both of you.
• Leaving by agreement: a rental provider can ask you to leave without a formal notice, but you don't have to agree. If you do, put it in writing.
• Leaving yourself: a renter's notice of intention to vacate needs at least 28 days. During a fixed term it cannot end the agreement before the term ends, unless the agreement allows it.

If the notice is for unpaid rent

• When: once you owe at least 14 days' rent, the rental provider can give you a notice to vacate with at least 14 days' notice. Each occasion of arrears needs its own notice.
• Paying it off: for the first, second, third and fourth occasion in a 12-month period of the agreement, the notice has no effect if you pay all the arrears by the termination date, and VCAT must then dismiss any possession application.
• The fifth occasion in a 12-month period is different: the notice stands even if you pay.
• At VCAT: on an arrears application, VCAT can adjourn and refer you to a financial counselling service to assess whether you can keep to a plan to repay the arrears, put you on such a plan, or dismiss the application if satisfactory arrangements can be made to avoid loss to the rental provider. If you keep to the plan and clear the arrears, the application is dismissed and your agreement continues.
• Free tools: Justice Connect's Dear Landlord app helps renters behind on rent draft a request to pay the arrears off over time, or a VCAT application; free financial counselling is on the National Debt Helpline, 1800 007 007.

Challenging a notice to vacate

• Owner-reason notices (repairs, demolition, business use, the owner or family moving in, sale, public purposes): you can apply to VCAT to decide whether the notice is valid. Apply within 30 days after the notice is given, and before any possession hearing. If VCAT finds the notice valid, you cannot challenge it again unless there are exceptional circumstances.
• Family violence: if the notice was for damage, danger, threats, a breached VCAT order, repeated breaches, illegal use or drug-related conduct in public housing, and the conduct was caused by a person who has subjected you to family or personal violence, apply to VCAT within 30 days. VCAT must declare the notice invalid if it is satisfied of both.
• Other notices: Consumer Affairs Victoria says there is no time limit to challenge a notice for serious damage, danger or unfit premises, but apply as soon as possible. For any notice, you can also argue that it is invalid at the hearing of the rental provider's possession application.
• Grounds include a notice not given properly (wrong form, no evidence, wrong delivery, too short), a reason that is not genuine, and discrimination. Consumer Affairs Victoria warns that if your challenge fails, you may have to pay the rental provider's VCAT application fee.

If you don't leave: the possession order

• The termination date is not an eviction. If you are still there, the rental provider must apply to VCAT for a possession order. The application can be made any time after the notice is given, and no later than 30 days after its termination date, but VCAT cannot decide it before the termination date.
• Go to the hearing. You will be told when and where it is. If you want to stay, attend and put your case. If you missed it, you can ask for a rehearing or urgent review, with a good reason for not attending.
• What VCAT weighs: it makes a possession order only if the notice was validly given, has not been withdrawn, and it is reasonable and proportionate to make the order. It considers how often and how seriously the rules were broken, whether the breach was trivial or caused by someone else, family violence, whether the breach has been or can be fixed, the behaviour of both sides, the effect on others, and whether something other than eviction would do.
• Other outcomes: for damage, danger or threats, VCAT can dismiss the application and instead order you to fix the damage and not repeat the conduct.
• If an order is made, it gives a date to leave, no more than 30 days after the order.

The warrant, the eviction and illegal evictions

• Warrant of possession: if you don't leave by the date in the possession order, the rental provider can apply for a warrant: straight away if the order allows, or within 6 months. If no warrant is sought within 6 months, the possession order lapses.
• Who carries it out: Consumer Affairs Victoria says only Victoria Police can carry out a forcible eviction, acting on a VCAT warrant. Entry is not allowed between 6pm and 8am, or on a Sunday or public holiday. The warrant must be executed within the time in the order, at most 30 days after it is issued; Consumer Affairs Victoria says warrants usually last 14 days. You can ask your local police when they will carry it out.
• Postponement for hardship: at the possession hearing, you can ask VCAT to postpone the warrant for up to 30 days if your hardship would be greater than the rental provider's. You cannot ask after the hearing, and it is not available where the notice was for serious damage, danger, threats or unfit premises. A postponement can be cut short if you don't pay rent or keep to the agreement.
• Your belongings: a warrant does not allow anyone to remove your goods, and a rental provider cannot refuse to return your belongings because you owe rent.
• Illegal evictions: outside this process, a rental provider or anyone acting for them must not force or pressure you to leave, or enter to take possession (unless they reasonably believe you have abandoned the property). Consumer Affairs Victoria says rental providers cannot lock renters out or carry out an eviction themselves. The maximum fine is 150 penalty units ($31,365) for an individual and 750 penalty units ($156,825) for a company. Call Consumer Affairs Victoria on 1300 55 81 81, or the police if you are in danger.

Free help in Victoria

Eviction rules differ in each state. See our pages for New South Wales, Queensland, Western Australia, South Australia, Tasmania, the ACT and the Northern Territory, or our guide to civil law.

How Go To Court Lawyers can help

Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in Victoria is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can check whether your notice to vacate is valid, advise on a VCAT challenge within the 30-day limit, prepare you for the possession hearing, including an arrangement to pay off arrears or a postponement, and advise on a lock-out or other illegal eviction. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.

General information only, not legal advice. Updated 23 October 2026. Checked against the Residential Tenancies Act 1997 (Vic), Authorised Version No. 115 (amendments as at 13 October 2026), including Part 2 Division 9 (termination), Part 7 (possession orders and warrants), sections 91P and 506, and the commencement of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 on 25 November 2025; Consumer Affairs Victoria's pages on new changes to rental laws (updated 14 October 2026), evictions and possession orders (updated 9 July 2026), challenging a notice to vacate and notices to vacate in rental properties; Tenants Victoria's contact page; Victoria Legal Aid's contact page; and the penalty unit value for 2026-27 ($209.10), on 23 October 2026. This page covers residential rental agreements: rooming houses, caravan parks, residential parks and specialist disability accommodation have their own rules.