Many tenants at some time during their tenancy find they are unable to pay the rent on the day it is due. If you find yourself in this position, there are some things you can do to avoid being evicted.

Getting into arrears
If you do not pay your rent on the day it is due, you will be 'in arrears'. If you are unable to make a payment, contact your landlord or agent and tell them when you will be making the payment.

If you are unable to pay the arrears in one payment, you should offer to pay the arrears off over time (eg an extra $20 per week). If you make such an offer, you should not offer to pay more than you can afford. You should make the offer in writing (keep a copy). Even if the landlord or agent doesn't accept your offer, you can use the letter as evidence that you have tried to resolve the problem.

If the landlord or agent does not accept your offer or you are unable to make any payments, they must follow the legal procedures outlined below if they want to evict you. It is illegal for your landlord or agent to evict you, or attempt to evict you. Only the police can evict you, and even then they must have an order and warrant from the Victorian Civil and Administrative Tribunal.

The eviction process
14-day Notice to Vacate
If you are 14 days or more in arrears, the landlord can give you a Notice to Vacate. This notice must be hand delivered, or sent by registered mail. If you receive a card saying there is registered mail for you at the post office, you must collect it; you can be evicted even if you don't pick up the notice.

If you receive a Notice to Vacate, you do not have to move out of the property. The notice is just the first step in taking the matter to the Tribunal. You can still try to negotiate an agreement with the landlord or agent after you have received the Notice to Vacate. Get their agreement in writing if possible, and always double check with the Tribunal that any application the landlord has made has been withdrawn. If you cannot negotiate an agreement or are unable to pay the arrears, you can move out if you want to. If you do not want to move out, you must follow the steps outlined below.

Alternative applications for a Possession Order
There are now two procedures the landlord can follow if they want to evict you for rent arrears. The procedure that is most likely to be used by your landlord is the 'alternative' procedure. To use this procedure, the landlord must send you the following documents

• a 14-day Notice to Vacate
• a copy of their application to the Tribunal for a Possession Order
• 2 copies of a Notice of Objection
• a statement setting out your rights in relation to the Possession Order

If you want to argue against the landlord's application, you must fill out the Notice of Objection and send one copy to the landlord and the other to the Tribunal. The Notice of Objection must be returned by 4pm on the day the Notice to Vacate expires. Send the Notice of Objection by certified or registered mail, but allow 2 days for delivery. If it is less than 2 days until the Notice to Vacate expires, take the Notice of Objection in to the Tribunal in person, to make sure that it arrives in time.

If you don't return the Notice of Objection, the landlord may be automatically granted a Possession Order. You won't get an opportunity to put your case and you may be evicted without any further notice. If you do return the Notice of Objection, the Tribunal will set a hearing date and the application will proceed as normal.

Normal applications for a Possession Order
The standard procedure for a Possession Order does not involve you having to return a Notice of Objection. The landlord or agent sends you a 14-day Notice to Vacate and a copy of their application to the Tribunal.

The Tribunal then sends you a Notice of Hearing, which sets out the time, date and place of the hearing. You must go to the hearing. If you do not go to the hearing the landlord may be automatically granted a Possession Order. If you are unable to attend, you must contact the Tribunal before the hearing date and arrange for an adjournment. You must prove to the Tribunal that there is a good reason, or obtain the landlord's consent to the adjournment.

The hearing
Before the hearing, you should collect as much evidence to support your case as possible. You should obtain a statement from a financial counsellor outlining your income and expenditure and how much you can afford to pay for each installment. Contact the Financial and Consumer Rights Council on % (03) 9614 5433. Other useful documents are medical certificates if you have been ill, letters from your employer, letters from social workers, copies of bills if you have had unexpected expenses etc. You can also ask anyone who can support your case to attend the Tribunal hearing to give evidence in person.

At the hearing you can explain how you fell into arrears and how you intend to pay them off. Just because you are in arrears does not mean that the Tribunal will automatically evict you. If you can convince the Tribunal that you had a good reason for falling behind in your rent, that you intend to pay the amount back, and that you can afford to pay the rent in the future, the Tribunal may decide not to evict you. If the Tribunal makes an order that you pay off the arrears, it is vital that you obey the order. If you do not obey the order, the landlord or agent may be able to go back to the Tribunal without giving you any further notice. If they do this, it is unlikely that you will be given a second chance and you will probably be evicted.

Possession Order
If the Tribunal does not accept your argument or you did not attend the hearing, the Tribunal will make a Possession Order. This order means the landlord or agent is able to purchase a Warrant of Possession (they usually do this on the same day as the hearing) which is a direction to the police to evict you from the property. The police can evict you at any time after they get the warrant, but in any event they must evict you within the time allowed by the warrant (usually 14 days). Remember, only the police can evict you.
If you are evicted, your possessions may still be in the property and you will have to make arrangements with the landlord or agent to let you into the property to remove them. The landlord or agent cannot keep your goods because you owe them money. See the Eviction and Abandoned goods leaflets for more information.

Review hearings
If you didn't attend the Tribunal hearing and weren't represented at the hearing, you may be able to have the case reheard. You must apply within 14 days of receiving a copy of the Possession Order, and you must also apply before the police evict you. Once you have been evicted the Tribunal has no power to get you back into the property. If possible, you should apply for an urgent rehearing by going to the Tribunal in person. If you live in the country or are unable to get to the Tribunal, you should fax the Tribunal registry giving the details of the hearing and requesting a rehearing. The Tribunal is at 55 King Street, Melbourne, phone % (03) 9628 9800 (toll free % 1800 133 055) and fax (03) 9628 9822.

When you apply for a review hearing you should immediately contact your landlord or agent and the police to ensure that they don't execute the Warrant of Possession. When your application for a review hearing is heard, you will need to convince the Tribunal member that you had a good reason for not appearing at the original hearing. You should collect evidence to prove your reasons for not appearing (eg medical certificates or witnesses), as well as evidence to support your case that you should not be evicted. If the member accepts your explanation, the initial decision will be set aside and the landlord's application reheard. There is no fee for making an application for a review hearing.