• Academy of Real Estate

• REALESTATE CPPREP4101

 Notice to vacate to renter of rented premises Residential Tenancies Act 1997 Section 91ZZO(a) Residential Tenancies Regulations 2021 Regulation 37 The residential rental provider must use this form to let the renter know that they want to end the residential rental agreement. Part A – Information for the renter This is a notice to vacate. It tells you that the residential rental provider (rental provider) wants you to move out by a certain date. You can find details of this date at section 4 of the form. Challenging a notice to vacate You may be able to challenge this notice at the Victorian Civil and Administrative Tribunal (VCAT). Reasons to challenge a notice include:  you believe you were given this notice due to unlawful discrimination or because you tried to exercise your rights as a renter;  you believe it was not given to you properly;  you disagree with the reason given or the information in the form is incorrect or incomplete; or  you have experienced family or personal violence and this caused the behaviour listed in the notice to vacate. In this case, you should apply to VCAT within 30 days after the notice has been given. Specific timeframes may apply to certain reasons to challenge a notice. You may also challenege the validity of the notice if the rental provider applies to VCAT for a possession order (see below: Possession orders and warrants). You should seek advice if you are considering challenging a notice to vacate. Unpaid rent  If you received this notice because you have not paid your rent and you pay all of the upaid rent on or before the termination date in the notice, this notice has no effect.  You can find out more about this type of notice to vacate on the Consumer Affairs Victoria website at www.consumer.vic.gov.au/renting. Possession orders and warrant  If you do not leave on the date stated in the notice, the rental provider may apply to VCAT asking for an order requiring you to leave (also known as a possession order). VCAT will notify you of a hearing date that you can attend. You are encouraged to attend the hearing.  Rental providers must give you the appropriate notice to vacate before they apply to VCAT for a possession order.  At the hearing, VCAT decides whether the rental provider was allowed to give you a notice to vacate. VCAT will make a possession order if it is satisfied that it is reasonable and proportionate to do so. VCAT may consider whether the notice to vacate was given in response to the act of a person who has subjected you to family or personal violence. It may also consider whether you can comply with a payment plan for any rental arrears, if applicable.  VCAT will decide if you must leave the property and when that should happen. You may ask for more time in the property if you will be in hardship.  Rental providers cannot personally use force to remove you if you refuse to leave the property. Only Victoria Police can carry out a forcible eviction, and only w