On this page: This page outlines what your landlord cannot do and legal steps they must take.
My Landlord is Trying to Evict me
What can you do if your landlord is trying to evict you. You have rights in this situation.
You cannot be evicted unless the rental provider (landlord) follows all the legal steps. The information on this page covers the regular steps for eviction.
Legal steps for eviction
Before you can be evicted, the rental provider must undertake all these steps:
- Give you a valid notice to vacate.
- Apply to the Victorian Civil and Administrative Tribunal (VCAT) for a possession order.
- If VCAT made a possession order, purchase a warrant of possession from VCAT.
- Give the warrant of possession to the police, which the police will use to evict you.
- The rental provider cannot have you evicted until they have taken these 4 steps.
- The rental provider or their agent cannot lock you out or personally carry out an eviction. Only the police can evict you and only when they are acting on a warrant of possession.
To learn more about this process, and possession orders click on the provided link to the Tenants Victoria website.