Evictions aren't Fun, but Sometimes Necessary.

The last thing anyone wants to deal with is an eviction. In the best situation, you have great tenants who pay their rent on time, and respect you and your property. What is not acceptable are those tenants, who don't pay their rent, trash the property, are disrespectful to you and their neighbours. So what do you do? 

Well they have to go. 

The sooner you deal to it, the better it will be all round. But sometimes depending on how bad the tenants are you might have to be a bit mindful of timing. If you want to have the reputation of being a firm but fair landlord, then keep in mind when you do it. If you undertake it so that it happens 2 days before Christmas, or in the middle of a family crisis (which may be the reason for their poor behavior) you will receive less sympathy for your plight. In general however, if there is an issue with your tenants, rather than sitting on the problem, it's better to rip off the band aid and deal with it.

So what do you do? Firstly Follow the rules!

You need to issue a 'Notice to Vacate' to your tenants. You can find the form HERE

For more information on the steps, here is information from Consumer Affairs Victoria Website:

How to give notice

Landlords can end a fixed-term lease before the end date by mutual agreement with the tenant. Agreements should be in writing. Otherwise, a landlord must give the tenant written notice.

Landlords are advised to use the Notice to vacate to tenant/s of rented premises (PDF, 674KB).

The notice to vacate must:

• be sent to the tenant at the premises by registered post or hand delivered (‘hand delivered’ means giving it personally to the tenant or leaving it with a person apparently over the age of 16 and apparently residing or employed at the tenant's usual or last known home or business)
• be addressed to the tenant
• give a specific reason or state that no reason is given
• be signed by the landlord (or their agent)
• allow the correct amount of time to give the notice
• give the date for the tenant to leave.

The timeframes for serving a notice to vacate under the Residential Tenancies Act 1997 differ, depending on the reason.

It is against the law to give a tenant a notice to vacate because they were exercising their legal rights, or saying they would do so.

Notice periods

The tables below lists the reasons a landlord may end a tenancy, either before the end of the lease (table 1) or when the lease ends (table 2).

Table 1:

Reasons a landlord can ask a tenant to vacate before the lease ends	Minimum notice required
The tenant or their visitor causes malicious damage to the premises or common areas.	Immediate
The tenant or their visitor put neighbours in danger.	Immediate
The tenant owes at least 14 days’ rent.	14 days
The tenant has breached a VCAT compliance order or compensation order.	14 days
The tenant has breached a duty owed under a duty provision for the third time (and has been given notice twice before to remedy the breach of that duty).	14 days
The premises are being used for illegal purposes.	14 days
Other tenants are brought in without consent.	14 days
The tenant has not paid the bond as agreed.	14 days
The tenant has a child living at the premises when the agreement does not allow children.	14 days
The landlord is a government housing authority and the tenant misled the authority so they could be accepted as a tenant.	14 days
The tenant has engaged in a drug-related activity in public housing.	14 days

Table 2:

Reasons a landlord can ask a tenant to vacate, but not before the lease ends	Minimum notice required
The tenancy agreement has a fixed term or set end date and states that the tenant has rented the landlord’s own home and the landlord will occupy it at the end of the lease.	14 days
The landlord is a government housing authority and the tenant has unreasonably refused to seek or accept an offer of alternative accommodation.	30 days
Planned reconstruction, repairs or renovations (for which all necessary permits have been obtained) cannot be properly carried out unless the tenant vacates.	60 days
The premises are to be demolished and all necessary permits have been obtained.	60 days
The landlord wants to do something else with the premises (for example, use them for a business).	60 days
The landlord, a member of their immediate family (including parents and parents-in-law) or a dependant (who normally lives with the landlord) will be moving in.	60 days
The premises are to be sold or offered for sale with vacant possession immediately after the lease ends.	60 days
The premises have been sold and all sale conditions have been satisfied.	60 days
A government authority owns the premises and needs them for public purposes.	60 days
It is the end of a fixed-term lease of fewer than six months.	60 days
It is the end of a fixed-term tenancy agreement of six months or more.	90 days
The landlord is a government housing authority and the tenant no longer meets its eligibility criteria.	90 days
No specified reason.	120 days

Last updated: 15/05/2013

This is when a Property Manager really does take the stress out of this issue for you. They will know the system and know how to handle it correctly.