What happens if the renter pays after a notice to vacate in Victoria
Last checked against official sources on 2 October 2026
The aim of a notice for unpaid rent is to get the rent paid. What happens next depends on when the renter pays, so the timing matters.
If the renter pays before the vacate date
According to Tenants Victoria, if a renter has paid all overdue rent before the termination date on the notice, VCAT must dismiss the application to evict. In plain terms, the renter can usually stay. The notice has done its job.
What counts as “all” the rent
The wording is all overdue rent, not just the amount written on the notice. Rent keeps falling due, so the total owing on the vacate date can be higher than the figure you stated. Work out the total on that date from your ledger. This is our reading of the wording, so check it with a lawyer if the amount is close.
The exception: the fifth notice
That protection does not apply in every case. Tenants Victoria notes it does not apply to a fifth notice in 12 months. If a renter is repeatedly late, keep count of the notices you have given.
If the renter doesn’t pay or leave
Once the termination date has passed, you can apply to VCAT for a possession order. The hearing cannot be held until after that date. VCAT does not automatically grant it. It considers whether eviction is reasonable and proportionate, looking at things like hardship and payment history.
Payment plans
VCAT can adjourn the application and put the renter on a payment plan, if they can pay the overdue rent over a reasonable period. If the renter keeps to the plan and pays current rent, VCAT must dismiss the application. Expect to be asked for your rent records at the hearing.
What not to do
Only the police can enforce a possession order, according to the Tenants Victoria factsheet. Do not change the locks or remove belongings yourself.
What to record
- The date and amount of every payment, and how it was made.
- The total owing on the vacate date.
- Any payment plan, with the dates and amounts, confirmed in writing.
- How many notices you have given in the last 12 months.
If a payment arrives close to the vacate date, or after it, get advice before you decide how to treat it. We have not found official guidance covering every case.
How VicPropGuard helps
VicPropGuard checks whether everything that had fallen due was paid by the vacate date, judged by when the money was received rather than when you entered it. If it was, the notice is marked as resolved. Every payment and notice stays in the History for VCAT. Request early access.
Common questions
If the renter pays before the vacate date, can they stay?
Tenants Victoria says that if the renter pays all overdue rent before the termination date, VCAT must dismiss the landlord’s application to evict, apart from cases such as a fifth notice in 12 months.
Can I apply to VCAT straight after the vacate date?
Only after that date has passed. Tenants Victoria says the possession hearing cannot be held until after the date the renter was asked to leave.
Who enforces a possession order?
Tenants Victoria says only the police can enforce a possession order.
Sources
Related guides
General information only, not legal advice. Rules change, so confirm the current requirements with Consumer Affairs Victoria or a lawyer before you act.