Tenants giving you headaches? It might be time to evict them


As a landlord, you will have the best tenants who pay their rent on time and respect you and your property most of the time.

Every now and  then, you may have genuine reasons for ending your contract, such as you have sold the property and the new owners plan to live there themselves.

But what is not acceptable, are those tenants who don’t pay their rent, trash the property, are disrespectful to you and their neighbours.

What can 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 entirely 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, they won’t be happy to leave, so your tenants will most likely be upset and emotional which means you need to take caution. Follow the eviction process set out by Consumer Affairs Victoria accurately. If you don’t, you could get a fine.

What do you need to do first?

First of all, you need to send your tenants a notice to vacate. Make sure it meets all the necessary criteria. Allow enough time for it to be delivered, make sure you fill all the information out correctly. Use the proper form. Get the form from the website HERE.

What are your next steps?

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 in the notice to vacate to apply to the Victorian Civil and Administrative Tribunal in which they will tell you the hearing date.

What can you do with their belongings?

If the tenant doesn’t show up to the hearing, you can apply for a warrant of possession. The Principal Registrar of VCAT will send a letter to the Police outlining the possession order. This letter gives them permission to take possession of the property however they can.

The police can remove people from the property, but they can’t remove belongings. The tenant must take their things with them. Otherwise, there is an another process you must follow to remove the belongings. You can remove items if they are of no value, perishable or dangerous. You must store what’s left for at least 28 days and inform your tenant on how they can get them back.

Having to evict a tenant is when having a Property Manager can take the stress out of this issue for you. They know the system and know how to handle it correctly. Contact us at True Property Management for help with your eviction process.


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