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Dear Landlord
A self-help tool for renters in Victoria
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    Answer a few questions to establish what your situation is and Dear Landlord will help you understand what your options are.

    Disclaimer

    The content of Dear Landlord is legal information for general guidance and not legal advice. You may want to seek legal advice from a lawyer to understand how the law applies to your specific circumstances. You do not become a client of Justice Connect by using this tool.

    By using this tool, you must agree to Justice Connect’s disclaimer.


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    Are you behind in rent or worried about falling behind in rent?*
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    Are you behind in rent?*
    • What happens if I’m behind in rent?

      If you are 14 days or more behind in rent, your rental provider (previously known as your landlord) can start the eviction process. This means they can give you a Notice to Vacate.

      Watch our video for an overview of the eviction process.
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    Have you received a Notice to Vacate for being behind in rent?*
    • Why are we asking?

      Notices to Vacate can be received for different reasons. To give you the most accurate options, we need to know if you have received one for being behind in rent. This may be listed as ‘non-payment of rent’ on your Notice to Vacate. Non-payment of rent is where a renter owes at least 14 days rent.

    • What is a Notice to Vacate?

      A Notice to Vacate is a document that tells you why the rental provider wants to evict you. A rental provider must give you a Notice to Vacate before they can legally evict you. If you get a Notice to Vacate, you don’t have to leave by the termination date listed. You still have options to stay in your home. The document will be titled ‘Notice to Vacate’ and will look like this.

      Sample image of a Notice to Vacate
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    Have you been asked to attend VCAT?*
    If you’re still behind in rent on the date you have been asked to leave, your rental provider can ask VCAT to make a decision about whether you can continue to stay in the property. You will be notified if you are required to go to VCAT.
    Have you been asked to attend VCAT?*
    If you’re still behind in rent on the date you have been asked to leave, your rental provider can ask VCAT to make a decision about whether you can continue to stay in the property. You will be notified if you are required to go to VCAT.
    • What is VCAT?

      The Victorian Civil and Administrative Tribunal is an accessible and neutral Tribunal that helps to resolve renting disputes between renters and rental providers.

    • How do I know if I need to go to VCAT?

      You will receive a notice of hearing in the mail or by email which will show you the date, time and location of the hearing. If you misplaced the notice, you can call VCAT on 1300 018 228 to double check the details.

    • What if I paid back my rent before the date I have been asked to leave?

      On your Notice to Vacate you will have been given a termination date. This is the date that you are required to leave the property, unless you have made arrangements to pay back the rent owed.

      If you pay back the rent owed by the termination date, in most cases VCAT can’t evict you.

      There are different processes depending on how many Notices to Vacate you have received. Answering the next few questions will help you work out your options.

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    When did your lease agreement start?
    If you're not sure when your lease agreement started, select I don't know
    Since [date], how many Notices to Vacate have you received for non-payment of rent?*
    • Why does my rental agreement matter?

      Under the new rental laws, there is a ‘five strikes’ approach to Notices for Vacate for non-payment of rent. To understand your options, it’s important to know:

      ・How many Notices you have received for non-payment of rent, and

      ・When you received each of the Notices.

      You will have different options available to you depending on these two factors. Once you enter this, Dear Landlord can help you understand your options.

    • What are the ‘five strikes’?

      If you receive 5 Notices to Vacate for non-payment of rent within 12 months from the start of your rental agreement, VCAT is more likely to make the decision to evict you. If you have been in your home for longer than a year, the tally of Notices to Vacates resets every 12 months on the date your rental agreement started.

    • See an example of the ‘five strikes’

      Jerry received a Notice to Vacate for non-payment of rent on 4 December 2020. Jerry’s rental agreement was renewed on 1 February 2021, and he was given another Notice to Vacate for non-payment of rent on 12 September 2021.

      Because Jerry’s lease was renewed on 1 February, only the Notice received in September is relevant. This means that Jerry’s total tally of Notices to Vacate is 1 for the prior 12 months of his lease.

      Diagram showing that Jerry has received 1 Notice to Vacate since their lease renewed in February, so the notice received in December doesn't count anymore.

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    Did you, or someone on your behalf, attend your VCAT hearing?*
    • What does it mean if someone went on my behalf?

      If someone else went to your VCAT hearing and spoke on your behalf, VCAT will count that as you attending the hearing. If you’re not sure, you can check the bottom of your VCAT order under the member’s signature. It will say if the tenant did not attend the hearing. If it’s blank, this means VCAT considers that you attended.

      Sample image of a Notice to Vacate
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    What sort of order was made at VCAT?*
    • Which option should I choose?

      When you choose one of the above options we will give your more details about that type of order.

      If you’re not sure, you can choose ‘I don’t know’ and we will give you an overview of all the most common types of orders VCAT can make.

      If none of the options apply, select ‘None of the above’ and we’ll direct you to further support.

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    COVID-19 financial support available for Victorians

    The Federal and Victorian Governments are offering a number of different types of COVID-19 financial support for Victorian individuals.

    For a rundown of the various kinds of support available during the pandemic, including the newly announced RENT RELIEF GRANT, see our What kind of COVID-19 financial support is available for Victorians?

    Last updated 10 September 2021

    What do the new rental laws mean?

    New renting laws came into effect on 29 March 2021. This means if you fall behind in rent due to COVID-19, your landlord – now referred to as a rental provider – can take steps to evict you.

    Under the new laws, there is no legal requirement for your rental provider to accept a rent reduction, unless you applied to Consumer Affairs Victoria or VCAT before 29 March 2021.

    If you have an existing rent reduction or rent deferral agreement or order made during COVID-19, use Dear Landlord to find out what this means for you.

    If you want to find out more information about the new laws, see our What do the new rental laws mean for Victorian renters?

    A guide to the eviction process

    Evictions follow a legal process. This is a step-by-step guide if you are behind in rent to help you understand your rights and how Dear Landlord can help you.

    How Dear Landlord can help

    If you are behind in rent, Dear Landlord can help you understand your options based on your circumstances, including drafting a payment plan request to your rental provider, drafting a VCAT review application, and finding further financial or legal help.