Giving Your Tenant an Eviction Notice

giving your tenant an eviction noticeWhile you do everything you can to find the perfect tenant, sometimes things go wrong. But what rights do you have as a landlord, when relationships go sour.

Unless the tenant has caused malicious damage to the property or other tenants, the usual eviction notice is 14 days. If the tenant is acting malicious, you have every right to evict them immediately.

Notice to Vacate

You must make sure your notice to vacate meets all the necessary criteria. That is, you should allow time for it to be delivered, make sure the correct information is filled out, and use the correct form.

Possession Order

Once the notice to vacate has been served, the next step is to apply for a possession order. You have 30 days from the date specified on the notice to vacate to apply to the Victorian Civil and Administrative Tribunal in which they will respond with a date for the hearing.

Warrant of Possession

If the tenant does not attend the hearing, you can apply for a warrant of possession. By doing this, the Principal Registrar of VCAT will send a letter to the Police outlining the possession order. This gives them permission to take possession of the property by whatever means necessary.

The police can remove people from the property but not their belongings. The tenant must take as many of their things as they can, otherwise there is a process you must follow to remove the belongings.  You can remove items if they are of no value, perishable or dangerous. If they are not to be removed you must store them for at least 28 days and let the tenant know how they can get them back.

Have you ever had to evict a tenant?  

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