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Glenn Duker on Eviction Notice Requirements: Part 1

Glenn Duker

· Australia,Glenn Duker,Business Law,Law,Litigation

As a landlord, there are laws that must be followed when evicting tenants. Landlords must give a valid Notice to Vacate and apply to the Victorian Civil and Administrative Tribunal for a Possession Order. Without a Possession Order and Warrant of Possession, a landlord cannot legally evict their tenants. Once the landlord sends the tenant a Notice to Vacate and the copy of their application to the Tribunals, there will be a notice sent giving the time, date, and place of the hearing.

Another procedure a landlord can follow is the landlord must send the following documents to the tenant:

  • A 14-day Notice to Vacate

  • A copy of their application to the Tribunal

  • Two copies of the Notice of Objection

  • And a statement setting out the tenants rights in relation to the Possession Order

These documents must be sent at the same time. If the tenant wants to dispute the application, they must complete a Notice of Objection and send copies to the landlord and the Tribunal. If the Notice of Objection does not reach the Tribunal on the day the Notice to Vacate expires, the landlord may automatically be granted a Possession Order without having to go through the hearing process. This could mean the tenant could be evicted without further notice. If you are able to deliver the Notice of Objection before the expiration date, then the Tribunal will set a hearing date and then the process will proceed normally.

There is also an alternative procedure if the fixed-term tenancy agreement is coming to an end. A fixed-term tenancy has a definite commencement date and expiry date. These agreements tend to be either 6 or 12 months. If your agreement is coming up for expiration and the landlord sends a Notice to Vacate, which expires on the same day the fixed-term expires, they must use alternative procedures. The notice must be sent informing the tenant of the intention of applying for a Possession Order in the case of the tenant not moving out on the last day of the agreement. If the tenant would like to dispute the order, they would follow the process same as a normal proceeding stated above.

For more on how evictions can proceed, follow up with Eviction Notice Requirements: Part 2.

**This article is for informational purposes only and is not intended to be legal advice. In relation to your individual situation, always seek advice specific to your circumstances from a lawyer.

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