Giving notice to vacate

True Property -Giving notice to vacate

In an ideal world, you have the best tenants who pay their rent on time, and respect you and your property. Sometimes, you may have genuine reasons for ending the tenancy, such as you have sold the property but what is not acceptable, are those tenants who don’t pay their rent, trash the property, are disrespectful to you and their neighbours. So what do you do in this case?

If you have tried every other avenue, it may be time to evict them.

The sooner you start the process, the better it will be for everyone. In some situations, you may want to be mindful of timing, but that is completely up to you, as long as you follow the rules. In general, if there is an issue with your tenants, rather than sitting on the problem, it’s better to deal with it straight away rather than let the problem fester.

Regardless of whether they are right or wrong, no one wants to be forced out of their home so your tenants will be in a highly emotional state which means you need to tread carefully. Follow the eviction process set out by Consumer Affairs Victoria to the letter. If you don’t, you may receive a hefty fine.

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. You can find the form HERE.

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.

For more information on the whole process, check out the website.

This is when a Property Manager really does take the stress out of this issue for you. They will know the system and know how to handle it correctly.


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