Once you have signed a lease agreement with a tenant for your property, it is very hard to move them out before the lease ends. In most circumstances, the tenant has their rights and can legally stay in your home right up until the day their lease is complete. But there are certain circumstances that you can legally give notice to vacate.

You can have tenants removed immediately if they or a visitor cause malicious damage to your property or common areas, or if they or a visitor put your neighbours in danger. Outside of these two scenarios, the tenant must be given fourteen days’ notice in the following circumstances. If they have breached a Victorian Civil and Administrative Tribunal (VCAT) compensation or compliance order. If the tenant uses the premises for illegal activities. If they do not pay the bond as agreed or bring in other tenants without your consent. If they have a child living at the premises and the lease agreement stipulates children are not allowed or if the tenant owes a minimum of fourteen days rent and has not paid.

There are a few more events in which a tenant can be moved prior to their lease, though in an unlikely situation that you were to experience such circumstances, these would be the most common. For more information please see click here.

Outside of these circumstances, you will have to wait out your lease in order to move your tenant on. Though in my dealings with tenants over the years, if they are treated well and with respect, anything is possible. Having a good relationship with your tenant may help your case and sometimes you can simply just ask them if they would be open to moving. You may have to help them find another place and assist with moving costs as a sweetener, though if you need to get your property back in your possession for any reason, this would be your best option.

 

DISCLAIMER

The following advice is of a general nature and intended as an opinion and broad guide. For all legal, financial or real estate advice you should obtain independent professional advice to do with the specific nature of your circumstances before making any legal, financial or real estate decisions.

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