Possession orders (eviction)

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Landlords or owners can apply to the Victorian Civil and Administrative Tribunal (VCAT) for a possession order only after giving the tenant or resident the appropriate notice to vacate.

In some cases, the landlord or owner must also wait until the end of the termination date (due date) on the notice to vacate, before they can apply for a possession order. For more information on these time frames, see When a landlord or owner can apply for a possession order below.

To apply for a possession order, visit the Application by a tenant or landlord page on the VCAT website.

A possession order may instruct the tenant or resident to vacate. It may also allow the landlord or owner to obtain a warrant, which may then be executed by Victoria Police to evict the tenant or resident.

Landlords or owners cannot personally use force to remove a tenant or resident if they refuse to leave the property. Only Victoria Police can carry out a forcible eviction, and only when they are acting on a VCAT order.

A possession order does not give the landlord or agent the right to remove the tenant's belongings. For information on handling anything a tenant leaves behind, view our Goods left behind by tenants page.

If you are facing eviction 

If you are a tenant or resident facing eviction and do not know what to do, call us or a tenancy advocacy service such as Tenants Victoria as soon as possible. For more information, view our Emergencies and urgent issues page.

When a landlord or owner can apply for a possession order

Tenancy agreements

The table below lists the timeframes when a landlord can apply to VCAT for a possession order after giving the tenant a notice to vacate. These timeframes vary depending on the reason why the notice was given.

For information on how to give a tenant notice, view our Landlord giving notice to vacate page.

Reason notice to vacate was given

Minimum notice period specified in notice to vacate

When a landlord can apply to VCAT for possession

  • The tenant or their visitor causes malicious damage to the premises or common areas.
  • The tenant or their visitor puts neighbours in danger.
  • The premises are unsafe or unfit for human habitation.

Immediate

At any time after the notice to vacate is given, but not more than 30 days after the termination date specified in the notice.

  • The tenant owes at least 14 days’ rent.
  • The tenant has not paid the bond as agreed.
  • The tenant has breached a VCAT compensation or compliance order.
  • The tenant has breached a duty owed under a duty provision for the third time (and has been given a breach of duty notice twice before to remedy the breach of that duty).
  • The tenant is using the premises for an illegal purpose.
  • The tenant has a child living at the premises when the agreement does not allow children.
  • The landlord is a government housing authority and the tenant made a false statement relating to their eligibility to be accepted as a tenant.
  • The tenant has assigned or sublet the premises without the landlord’s consent.
  • The landlord wishes to end the fixed-term tenancy agreement in order to occupy the rented premises, which is the landlord’s principal place of residence.

14 days

At any time after the notice to vacate is given, but not more than 30 days after the termination date specified in the notice.

  • Following the death of the sole tenant, the landlord has given a notice to vacate the premises to the tenant’s legal representative or next of kin.

28 days

At any time after the notice to vacate is given, but not more than 30 days after the termination date specified in the notice.

  • Planned reconstruction, repairs or renovations (for which all necessary permits have been obtained) cannot be properly carried out unless the tenant vacates.
  • The premises are to be demolished and all necessary permits have been obtained.
  • The landlord wants to use the premises for a business or another purpose.
  • The landlord, a member of their immediate family or a dependant (who normally lives with the landlord) will be moving into the premises.
  • The premises are to be sold.
  • A government authority owns the premises and is compulsorily acquiring the premises for a public purpose.

60 days

At any time after the notice to vacate is given, but not more than 30 days after the termination date specified in the notice.


The tenant has served a notice of intention to vacate the rented premises but has not delivered up vacant possession.

28 days

After the termination date specified in the notice to vacate, but not more than 30 days after that date.

A mortgagee has served a notice to vacate as part of exercising right to possession and sale under a mortgage.

28 days

After the termination date specified in the notice to vacate, but not more than 30 days after that date.

The landlord has served a notice to end a fixed-term tenancy and the tenant has not delivered up vacant possession.

  • 60 days if fixed-term agreement was less than 6 months
  • 90 days if fixed-term agreement was 6 months or more

After the termination date specified in the notice to vacate, but not more than 30 days after that date.

The landlord has served a notice to vacate for no specified reason and the tenant has not delivered up vacant possession.

120 days

After the termination date specified in the notice to vacate, but not more than 30 days after that date.

Rooming houses and caravan parks

The table below lists the timeframes when an owner of a rooming house, caravan park or caravan can apply to VCAT for a possession order after giving the resident a notice to vacate. These timeframes vary depending on the reason why the notice was given.

For information on how to give a resident notice, view our:

Reason a notice to vacate was given

 

Minimum notice period specified in notice to vacate

 

When the owner can apply to VCAT for possession

The rooming house owner has given the resident a notice to vacate the room.

Various

After the notice to vacate is given, but not more than 30 days after the termination date specified in the notice.

The caravan park owner or caravan owner has given the resident a notice to vacate the site or caravan.

Various

After the notice to vacate is given, but not more than 30 days after the termination date specified in the notice.

The resident has given the rooming house owner a notice of intention to vacate the room.

2 days

7 days after the date the notice of intention to vacate is given, but not more than 30 days after the termination date specified in the notice.

The resident has given the caravan park owner or caravan owner a notice of intention to vacate the site or caravan.

7 days

7 days after the date the notice of intention to vacate is given, but not more than 30 days after the termination date specified in the notice.

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