Tenant hasn’t paid rent in Victoria: what to do, step by step

Last checked against official sources on 2 October 2026

A missed rent payment is stressful, but the first steps are simple and mostly about talking and keeping good records. Here is the order most Victorian landlords follow, with the official sources linked so you can check each point.

Step 1: check the numbers before you contact anyone

Before you message the renter, work out exactly what is owing and since when. Rent is not overdue on the day it falls due, because the renter has that whole day to pay. Count from the day after. If the renter has paid part of the rent, take that off, and write down the date and amount of every payment.

Rent amount ($)

How often is rent paid?

First rent due date to count from

Use the first rent that was not paid, or the start of the lease. Rent is due on this day each week, fortnight or month.

Check as at

Payments received since then (optional)

Enter the rent, how often it is paid and the first due date to see the result.

Nothing you enter is saved or sent. General information only, not legal advice.

Step 2: get in touch, politely and in writing

Consumer Affairs Victoria’s advice is to contact the renter and try to reach an agreement. A short, friendly message works best: the date rent was due, the amount, and a request to let you know when it will be paid. Keep a copy. A message gives the renter a chance to explain, and it gives you a record if the matter goes further.

Step 3: don’t add fees or penalties

It is illegal to charge an administration or late fee for late rent. Stick to the rent that is actually owing.

Step 4: follow up on a schedule

If the first message gets no reply, follow up again a few days later, and again after a week or so. Each time, note what you sent and what came back. If you agree a plan with the renter, such as paying the balance in two instalments, confirm it in writing with the dates and amounts.

Step 5: know when a notice to vacate becomes possible

Once the renter is behind by more than 14 days, you can give a notice to vacate. The notice must give at least 14 days before the renter has to leave, and you can give it by hand, by registered post, or by email if the renter has agreed to receive notices that way. The official source has the details. A notice is a serious step, so it is worth using only after you have tried to sort things out. Our step-by-step guide to giving the notice covers the form and the delivery.

The renter can still stay

According to Tenants Victoria, if the renter pays all the overdue rent before the date on the notice, VCAT must dismiss the application to evict them, apart from some cases such as a fifth notice in 12 months. The aim of the notice is to get the rent paid, not necessarily to end the tenancy.

Step 6: if the renter doesn’t leave or pay

If the date passes and the rent is still owing, you can apply to VCAT for a possession order. VCAT does not simply grant it. It considers whether eviction is reasonable and proportionate, and it can adjourn the application and set a payment plan. Good records of the rent owing, your messages and the notice are what you will rely on.

How VicPropGuard helps

VicPropGuard keeps the rent ledger, works out the days overdue, emails you at set points while a renter is behind, and prepares the notice details sheet for the official form. It records when the notice was given and how, so the paper trail is already there. Try the free calculator or request early access.

Common questions

Can I charge a late fee in Victoria?

No. Consumer Affairs Victoria says it is illegal for a rental provider or agent to charge an administration or late fee to process rent, even when the rent is late.

How late does rent have to be before I can give a notice to vacate?

Consumer Affairs Victoria says the renter must be more than 14 days late, and Tenants Victoria describes it as 14 days or more. See our guide to counting the days.

Should I contact the renter first?

Yes. Consumer Affairs Victoria says that, where possible, rental providers should contact renters to discuss a late payment and try to reach an agreement.

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.