Getting Evicted

If you have been given the appropriate notice to vacate your rental property, and have not left by the end of the due date, the landlord can seek an Order for
Possession from the Victorian Civil and Administrative Tribunal (VCAT). This order may instruct you to vacate. It may also allow the landlord to obtain a Warrant for Possession, which may then be executed by the police to evict you.

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.

VCAT will set a hearing after your notice to vacate has expired. You must go to the hearing if you wish to dispute the landlord’s reason for wanting to evict you. If you are likely to be evicted, try to make arrangements so that you will have somewhere to stay. You should also organise to collect your belongings.

Consumer Affairs Victoria, the Tenants Union of Victoria and other organisations can provide support, advocacy and advice to people who are facing eviction. See page 40 for more information about Consumer Affairs Victoria’s Consumer and Tenancy Advocacy Service, and the Tenants Union of Victoria.

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