How to evict your tenant for not paying rent – Tip 1

Although most states are similar in nature this section, in particular, is specific to Victoria but other states are also coved.


Your tenant must be over 14 days behind in rent before you can send them a termination notice to move out. (other states a Breach Notice after 7 full days in arrears and then a Notice to Leave 7 Full days after the Breach Notice)

For example, if the rent is $1,000 per month and is due on the 10th (rent paid up to and including the 9th). On the 24th you can send a termination notice.
Other states – A Breach Notice on the 17th and a Notice to Leave on the 25th

However, if your tenant has made any smaller (part) rent payments this must also be taken into account.

Using the same example if the tenant did make a small payment of $500 (instead of the full $1000) you can’t give a termination notice on the 24th because you must take into account the $500 paid.

Even though the $500 is not a full month’s rent is still equivalent to 15.2 days rent. Meaning the rent is technically paid up to the 24th (and a few hours for the 25th).

A termination notice cannot be sent until 14 full days after the 25th providing no further rent is paid.

How did I work out the $500 was 15.2 days rent?

$500 divided by the daily rate = 15.2 days

How to work out the daily rent:

Monthly rent x 12 and divide by 365

1000 x 12 = 12000 (yearly rent)

12000 / 365 = 32.876 (daily rent)

Daily Rate: $32.88 (this calculation is how tribunal do it)

$500 / $32.88 = 15.2 days

If you are using RealRenta this is Already done for you, and even more the Breach Notices or termination notice are auto sent out for you.
So you don’t even have to think or work any of this out.

Check out the next blogs on How to evict your tenant for not paying rent

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Jason Gwerder
Monday, 7 September 2020

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