I got a notice to vacate. What are my rights?

Last checked: 31 October 2026

The short answer

Since 25 November 2025, a rental provider in Victoria must give a reason the law allows to end your lease, even when a fixed term ends. A notice that has no valid reason, the wrong notice period, missing evidence or was not delivered properly is not valid. You do not have to leave just because you got a notice. Only VCAT can order you out, and only police can carry out that order.

Key dates and time limits

• Most notices for sale, repairs, renovation, demolition, business use or the owner or family moving in need 90 days notice.
• To challenge one of those notices at VCAT before the end date, apply within 30 days of getting it.
• For an immediate notice, apply to VCAT as soon as you can.
• If VCAT made a possession order at a hearing you missed, apply to reopen it within 14 days of finding out, and before you are evicted.

Step by step

1. 1

   Check the notice

   Look for your name, the reason, the date you must leave, and the signature of the rental provider or agent. Check that the right evidence is attached, such as a contract of sale or a statutory declaration. A notice must come by hand, by registered post, or by email only if you agreed to get notices that way.

2. 2

   Check the reason and the time

   The reason must be one listed in the Residential Tenancies Act 1997. A notice given just because a fixed term is ending is no longer allowed. Count the days between when you got the notice and the leave date. Most reasons where you are not at fault need 90 days.

3. 3

   Get advice early

   Call Tenants Victoria or Victoria Legal Aid, or contact us. Bring the notice and your lease. A notice can also be challenged if it is payback for asking for repairs or challenging a rent increase, if it is discrimination, or if the reason was caused by violence against you.

4. 4

   Challenge at VCAT if needed

   For notices about sale, repairs, demolition, business use or the owner moving in, you can apply to VCAT within 30 days. There is usually a fee for this, and if you lose you may have to pay the rental provider's application fee. You can also wait and argue at the possession order hearing, where there is no fee for you.

5. 5

   Go to the possession hearing

   If you stay past the date, the rental provider must apply to VCAT for a possession order. They must prove the notice is valid. Even if it is valid, VCAT must decide if ending your lease is reasonable and proportionate, and it can make a payment plan or another order instead.

6. 6

   Know who can make you leave

   Your rental provider or agent cannot evict you or change the locks themselves. Only police can evict you, and only with a warrant of possession. Police cannot evict you between 6pm and 8am, or on a Sunday or public holiday. If you are locked out, call police and ask VCAT for an urgent hearing.

Who can help

Forms and the law