To evict a tenant, the landlord requires a Termination Order and a Possession Order.
A Termination Order is an Order telling you the date you should leave your rented premises.
If you cannot leave by the date in the Termination Order, you will not be in trouble. The landlord cannot evict you unless VCAT has made a Possession Order.
If you stay past the termination date you will be responsible for paying the rent up to and including the day you move out and return the keys, or, if a Possession Order is made and a warrant issued, until you are evicted.
VCAT cannot make a Termination Order (an order to end the tenancy) if the reason you didn’t do everything you were obliged to do, including paying rent, was because of the pandemic.
To terminate a lease:
- A landlord must prove they have a lawful reason – the “grounds” or basis for the Termination Order and
- VCAT must decide whether it is “reasonable and proportionate” that the tenancy be terminated given the impact on everyone affected by the decision.