If you’re in an urgent situation, or you have received a notice to vacate, email [email protected]
What does it look like?
If you have just received an email, this is not a valid notice.
If you have received a formal notice, and the notice specifies anything regarding payment of rent under “Reasons” it is void.
It may have any numbers (ie. grounds) such as : Section 246, 91ZM, 142ZF, 206AU 498ZX(1)(a)
What can I do?
The Notice To Vacate is invalid, and you don’t have to move.
If you currently have a rent reduction agreement through Dispute Settlement, you can apply to VCAT to extend this agreement.
If you haven’t gone through Dispute Settlement and have a ‘dispute order’ (such as a new agreement) your landlord will have to apply to VCAT to attempt to evict.
Contact us for support [email protected]
Can the sheriff or police still evict me?
No. You cannot be forcibly evicted with a Notice To Vacate.
What’s changed from March 29th, 2021?
- All Notices To Vacate without a specified reason are banned.
These two reasons have 14 day notice period:
- Threats and intimidation:
If you have explicitly threatened the landlord, their agent or an employee (ie. a plumber or worker who has been engaged by the landlord/agent)
- If you have kept a pet without consent of the landlord:
If the landlord has taken you to VCAT to deny having a pet at your house, and you’re found to still have a pet.
- Ending the first fixed term lease
If you are currently in your first ‘fixed term agreement’ ie. not a month-to-month lease, your landlord can give you a Notice To Vacate at the end of that fixed term agreement.
If you’ve lived there for less than 6 months: must be at least 60 days
If your tenancy is for over 6 months: at least 90 days
Your landlord cannot give you a Notice To Vacate this way if you have a tenancy that has renewed any kind of lease.
- Non-payment of rent
If you currently have a reduced rent lease agreement, your landlord cannot serve you a Notice To Vacate for non-payment of rent.
If you have fallen behind on rent payment from March 29th 2021, your landlord can give you a Notice To Vacate after 14 days.
The earliest date of this can only be from April 12th 2021.
If you pay the total amount of owed rent within the following 14 days, the notice is of no effect.
This can happen 4 times within a 12 month period.
At VCAT: A payment plan can be arranged, and the VCAT member may refer you to a financial counsellor.
On the 5th time this occurs, even if you pay the owing rent within 14 days, the landlord can still apply for termination and possession with a Notice To Vacate. When deciding whether to make a possession order, VCAT must consider whether eviction would be reasonable and proportionate and take into consideration the behaviour of the rental provider or their agent.