My tenant doesn’t pay rent on time under their residential tenancy agreement. How can my agent get them to do so?

Until the rent is at least 14 days overdue the only option available to your agent is to remind your tenant that the rent must be paid on time. Once the rent is more than 14 days overdue, your agent can issue a notice to vacate.

Your agent can also apply to the Victorian Civil and Administrative Tribunal for a possession order. If the possession order is granted and the rent still remains unpaid, the police can evict the tenant.

My rental property is let under fixed term lease. Can I get my tenant out so I can move in or sell?

You can negotiate with your tenant to cancel your fixed term lease on terms acceptable to the both of you, if you want to sell or if you need to move into your rental property.

If you are unable to negotiate a cancellation, your lease will run its full term.

If you intend to sell your rental property and want to be able to give a buyer vacant possession, you can – in anticipation of the fixed term coming to an end – give your tenant a notice to vacate specifying a minimum termination date of 60 days after the date your tenant is given the notice. The termination date will, ideally, coincide with the end of your fixed term lease.

If your situation is such that you need to move into your rental property as soon as possible, you can – in anticipation of the fixed term coming to an end – give your tenant a notice to vacate specifying a minimum termination date of 60 days after the date your tenant is given the notice. The termination date will, ideally, coincide with the end of your fixed term lease.

I am unhappy with the agent managing my residential rental property. Can I go to another agent?

Yes. The authority you have signed does not give your agent any exclusivity in managing your property. You will need to notify your agent in writing that you are terminating your authority.

My residential rental property is let under a periodic tenancy. Can I get my tenant out so I can move in or sell?

You can negotiate with your tenant to cancel your periodic tenancy on terms acceptable to the both of you, if you want to sell or if you need to move into your rental property.

If you are unable to negotiate a cancellation, you will need to bring your periodic tenancy to an end by giving notice.

If you intend to sell your rental property and want to be able to give a buyer vacant possession, you can give your tenant a notice to vacate specifying a minimum termination date of 60 days after the date your tenant is given the notice.

If your situation is such that you need to move into your rental property as soon as possible, you can give your tenant a notice to vacate specifying a minimum termination date of 60 days after the date your tenant is given the notice.

 

Owners FAQ courtesy of the Real Estate Institute Victoria