Evicting a tenant in Victoria involves a specific legal process, requiring adherence to the Residential Tenancies Act 1997 and subsequent amendments. As of December 2025, it’s a process focused on ensuring fairness to both landlords and tenants, and is generally initiated when a tenant breaches the tenancy agreement.
In 2026, the Victorian Civil and Tribunal (VCAT) remains the primary body for resolving tenancy disputes, including eviction applications. Landlords must first issue a Notice to Vacate, specifying the grounds for eviction – these can range from non-payment of rent to property damage. Currently in Melbourne, particularly in the Eastern Suburbs where demand for rental properties remains strong, VCAT processing times can vary. Sellers considering selling a property with existing tenants should be aware that a valid tenancy agreement generally continues until its expiry, or until VCAT issues an eviction order. Preparing for a sale with a tenant in place requires careful planning, and understanding the potential timelines involved. Fletchers’ experience across the Melbourne market, including areas like Balwyn and Doncaster, demonstrates that transparency with tenants and a proactive approach to communication are key. It’s important to emphasise that attempting self-eviction is illegal.
Successfully navigating the eviction process requires strict compliance with Victorian legislation, and is often best managed with professional guidance.