RentingOnRecord

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I am behind on rent. What can they do?

34 quoted answers, each with its source

The short answer

Consumer Affairs Victoria states that a renter under a Victorian residential rental agreement who is more than 14 days late on rent can be given a notice to vacate, and that the threshold is 7 days for a rooming house or caravan park tenant; Tenants Victoria describes unpaid rent of 14 days or more, which it says can be consecutive or accumulated. A renter can avoid eviction by paying all rent owing by the vacate date stated on the notice, and if all overdue rent is paid before that date VCAT must dismiss the landlord's eviction application; however, VCAT cannot dismiss a possession order application solely because the renter could pay off the unpaid rent under a payment plan, although if VCAT orders a payment plan it will put the application on hold, usually for 3 to 6 months. Rental providers do not have to be flexible about payment amounts or dates and can take formal action against a renter who is late paying rent, but they cannot charge an administration fee or late fee; a rental provider, rooming house operator, or park owner or operator cannot personally evict a renter, and only the police can evict with a VCAT warrant of possession, usually valid for 14 days; attempting to evict a tenant without following the correct legal process may result in significant penalties. A notice to vacate must be given by hand, post or electronic communication, and electronic communication requires the renter or resident's consent to receive notices that way; it cannot be sent by ordinary post, left in a letterbox or under a door, or handed to someone else.

Every part of this comes from the quotes below. How we write these.

What the rules actually say20

Quoted straight from Consumer Affairs Victoria, the Residential Tenancies Act or a tribunal.

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Consumer Affairs Victoria states that…

  • only the police can evict a Victorian renter.
  • the police can evict a Victorian renter only when they have a warrant of possession from VCAT.
first-party
1 quote from 1 source
Only the police can evict a renter and only when they have a warrant of possession from VCAT.
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Consumer Affairs Victoria states that a Victorian warrant of possession, once granted, is usually valid for 14 days.

first-party
1 quote from 1 source
Once granted, warrants are only valid for a period of time, usually 14 days.
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Consumer Affairs Victoria states that Victorian rental providers cannot issue a renter with a notice to vacate without a valid reason, even at the end of a fixed-term agreement.

first-party
2 quotes from 1 source
Changes now in effect
Rental providers cannot issue a renter with a notice to vacate without a valid reason, even at the end of a fixed-term agreement.
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  • Victorian rental providers must give a renter 90 days' notice of a rent increase.
  • Shorter notice periods still apply when a renter is at fault.
first-party
1 quote from 1 source
Rental providers must give a renter 90 days' notice of a rent increase and certain notices to vacate. This gives renters more time to budget or move. Shorter notice periods still apply when a renter is at fault.
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Consumer Affairs Victoria states that a Victorian rent increase notice must be given to the renter at least 90 days before the increase is due to start.

first-party
1 quote from 1 source
This form must be given to the renter at least 90 days before the increase is due to start.
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Consumer Affairs Victoria states that…

  • if renters are more than 14 days late on rent, the rental provider can give them a notice to vacate.
  • 7 days applies for rooming house or caravan park tenants.
first-party
1 quote from 1 source
If renters are more than 14 days late on rent (7 days for rooming house or caravan park tenants), the rental provider can give them a notice to vacate.
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Consumer Affairs Victoria states that it is illegal for a Victorian rental provider or agent to charge any sort of administration fee or late fee to process rent payments even if the rent is late.

first-party
1 quote from 1 source
However, it is illegal for a rental provider or agent to charge any sort of ‘administration fee’ or ‘late fee’ to process rent payments even if the rent is late.
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A Victorian renter given a notice to vacate for unpaid rent…

  • can pay the rent owing by the vacate date stated on the notice.
  • avoids eviction by paying the rent owing by the vacate date stated on the notice.
first-party
1 quote from 1 source
When a renter is given a notice to vacate because they have not paid rent, they can pay the rent owing by the vacate date stated on the notice to avoid eviction. Even if the matter goes to VCAT, if the amount is paid by the vacate date, the notice no longer applies.
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Consumer Affairs Victoria states that if more than four notices to vacate are issued to a Victorian renter in a 12-month period the renter has 4 strikes against them.

first-party
1 quote from 1 source
However, if more than four notices to vacate are issued to a renter in a 12-month period, the renter has ‘4 strikes’ against them. The ‘strikes’ are cleared at the end of the 12 months if there are no more notices during that time.
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Consumer Affairs Victoria states that VCAT cannot dismiss the possession order application solely because the renter could pay off the unpaid rent under a payment plan.

first-party
1 quote from 1 source
In this case, VCAT can’t dismiss the application solely because the renter could pay off the unpaid rent under a payment plan.
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A Victorian rental provider, rooming house operator or park owner cannot personally evict a renter, physically or otherwise.

first-party
1 quote from 1 source
A rental provider, rooming house operator or park owner or operator cannot personally evict a renter, physically or otherwise.
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Consumer Affairs Victoria states that Victorian rental providers…

  • do not have to be flexible about payment amounts or dates.
  • can take formal action against a renter who is late paying rent.
first-party
1 quote from 1 source
Rental providers don’t have to be flexible about payment amounts or dates. They can take formal action against a renter who is late paying rent.
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Tenants Victoria states that rent arrears of 14 days or more in Victoria can be consecutive.

1 quote from 1 source
The 14 days of unpaid rent could be consecutive (days in a row), or they could have gradually added up to 14 days because you underpaid your rent over a longer period.
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Tenants Victoria states that where a notice to vacate is legally valid and the Victorian renter has paid all overdue rent before the termination date, VCAT must dismiss the landlord's application to evict.

1 quote from 1 source
Even if the notice to vacate is legally valid, if you have paid all overdue rent before the termination date on the notice to vacate, VCAT must dismiss the landlord’s application to evict you.

Measured finding5

Something someone actually measured, with the method attached.

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  • Tenants Victoria reported that renters on low to middle incomes reported rent increases to Tenants Victoria's service.
  • The rent increases reported by renters on low to middle incomes ranged from $30 to $320 a week.
1 quote from 1 source
Since 1 July 2022, renters on low to middle incomes have reported to our service rent increases ranging from $30 to as much $320 a week.
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Tenants Victoria reported that in 2020-21…

  • 10 of more than 44,000 rental disputes lodged at VCAT were resolved via conciliation.
  • one of more than 44,000 rental disputes lodged at VCAT was resolved at mediation.
1 quote from 1 source
In 2020-21, just 10 of more than 44,000 rental disputes lodged at VCAT were resolved via conciliation and one at mediation.
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Eviction notices for rent arrears in Victoria increased five-fold over the past two years.

medium confidencetrade press
1 quote from 1 source
Eviction notices for rent arrears have increased five-fold over the past two years, while Tenants Victoria’s website recorded 1.34 million views from 558,400 unique visitors in 2024-25 – clear indicators of enormous demand for assistance.

Practical effect3

What is observed to happen in practice, as distinct from what is documented.

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Tenants Victoria states that where VCAT orders a payment plan it will put the application for a possession order on hold, usually for 3 to 6 months.

1 quote from 1 source
If VCAT decides to make an order for a payment plan, it will put the application for a possession order on hold, usually for 3 to 6 months.
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Tenants Victoria states that Victoria's rental laws and regulations prescribe no method for calculating the dollar value of a rent increase.

1 quote from 1 source
Despite having some of the most progressive rental laws in Australia, when it comes to calculating rent increases our rental laws and regulations have nothing to say.
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The rent increases reported by renters on low to middle incomes occurred since 1 July 2022.

1 quote from 1 source
Since 1 July 2022, renters on low to middle incomes have reported to our service rent increases ranging from $30 to as much $320 a week.

Changed on1

A dated change. This is where advice quietly stops being true.

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From 25 November 2025 the minimum notice period for Victorian rental providers to issue a rent increase notice changed from 60 to 90 days.

first-party
1 quote from 1 source
From 25 November 2025, the minimum notice period for rental providers to issue a rent increase notice will change from 60 to 90 days.

Disputed between sources1

Sources that do not agree, presented without picking a winner.

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Consumer Affairs Victoria states that a notice to vacate must be given by hand, post or electronic communication.

first-party
2 quotes from 2 sources
A notice to vacate must be given by hand, post or electronic communication (such as email). Electronic communication can only be used if the renter or resident has consented to receiving notices and other documents this way.
It cannot be sent by ordinary (regular) post or left in your letterbox or under your door or handed to someone else.

Often said, but we could not find it in the rules4

Lots of people say this. We went looking for an official source that backs it up and could not find one, so treat it as something people repeat rather than something settled.

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AuCore Elite asserts that Victorian landlords may issue a Notice to Vacate once rental arrears exceed 14 days.

vendor
1 quote from 1 source
Landlords may issue a Notice to Vacate once rental arrears exceed 14 days.
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AuCore Elite asserts that if a Victorian tenant pays all outstanding rent before the matter progresses the eviction process may be stopped.

vendor
1 quote from 1 source
If the tenant pays all outstanding rent before the matter progresses, the eviction process may be stopped.
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AuCore Elite asserts that rental arrears remain one of the most common challenges faced by Victorian landlords.

vendor
1 quote from 1 source
Rental arrears remain one of the most common challenges faced by Victorian landlords.
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AuCore Elite asserts that attempting to evict a Victorian tenant without following the correct legal process may result in significant penalties.

vendor
1 quote from 1 source
Attempting to evict a tenant without following the correct legal process may result in significant penalties.