Challenging a Notice to Vacate

You have the right to challenge a ‘Notice to Vacate’. You may argue against the notice if it is not given properly or if you disagree with the reason given. You can also challenge a ‘Notice to Vacate’ given for no specified reason or to end a fixed-term tenancy, if you believe it was given because you were exercising your
legal rights or saying you would do so. You must apply to the Victorian Civil and Administrative Tribunal (VCAT) to challenge a notice within specific timeframes depending on the reason and the minimum time period of the notice.

You must apply to VCAT within:

  • 60 days of receiving a 120-day ‘no specified reason’ notice
  • 28 days of receiving a 90-day notice to end a fi xed-term agreement
  • 21 days of receiving a 60-day ‘end of fixed-term’ notice
  • 30 days of receiving any other
  • 60-day notice.

A landlord cannot personally use force to remove you from the property. Only the police may carry out an eviction, and only when they are acting on a Warrant for Possession.