What is a no-fault eviction in Victoria?
No, true no-fault evictions are generally illegal for ongoing leases in Victoria. Landlords cannot evict you without a legally recognized reason—such as selling the property or moving in—unless it is at the very end of your initial fixed-term lease.
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How it works in practice
Understanding Eviction Rules
In Victoria, the law strongly protects renters from being forced out of their homes without a justifiable reason. Previously, landlords could issue a "no specified reason" notice to vacate, but sweeping rental reforms have made this practice illegal for ongoing or periodic tenancies.
Valid Reasons for Eviction
Today, a landlord must provide a legally valid ground to end your tenancy. Common approved reasons include the landlord intending to sell the property, conducting major renovations that require the property to be empty, or the landlord (or their immediate family) moving into the home.
Notice Requirements
Even when a landlord has a valid reason to ask you to leave, they cannot do it overnight. They must provide you with a formal Notice to Vacate. The amount of notice required depends on the specific reason given, ranging from 60 days if the property is being sold or moved into, to 14 days for certain breaches of the rental agreement. Always ensure the notice is on the official Consumer Affairs Victoria form.
Important exceptions
The primary exception to the ban on no-fault evictions in Victoria occurs at the end of your very first fixed-term lease agreement.
A landlord can issue a Notice to Vacate at the end of this initial fixed term without providing a specific reason, but they must give you at least 90 days' written notice. Additionally, if you live in specific types of accommodation, such as rooming houses or caravan parks, different eviction rules and notice periods may apply under Victorian tenancy law.
What you should do now
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Read the Notice to Vacate carefully to ensure a legally valid reason is clearly stated.
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Check that the landlord has used the official form provided by Consumer Affairs Victoria.
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Verify that the notice period given matches the minimum legal requirement for the stated reason.
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Request documentary evidence from your landlord, such as a contract of sale or building permits, if applicable.
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Contact Tenants Victoria or VCAT immediately to formally challenge the eviction if you believe it is invalid or retaliatory.
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