A tenant who hasn't paid rent for 16 months and owes nearly $21,000 to the owner has been told she has until Friday to leave the Benalla home.
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But a Supreme Court appeal may put the homeowner's years-long bid to move his intellectually disabled daughter back into the house back on hold, with the owner labelling the situation "a joke".
Lena Anderson is appealing an eviction notice in the Supreme Court after recent tribunal decisions.
She has been told to leave 26 Benson Street by May 3.
Owner David Sharpe first served a notice to vacate in November 2021, but Anderson has refused to go and has failed to pay about $20,907 in owed rent.
Anderson says the home needs to be repaired, and refuses to pay rent until the home is fixed.
Mr Sharpe told the Victorian Civil and Administrative Tribunal that the long running eviction bid had taken its toll, and he hasn't been given access to the home to make repairs.
"Every time I have been asked I have given the go ahead and the reason why the maintenance is not getting done is that I haven't been allowed access," he said.
"The whole situation has become a joke ... half of Benalla is talking about it.
"With my condition, stress causes chronic fatigue and I've lived under constant stress for the last two years."
Anderson was ordered in VCAT on April 26 to vacate, which occurred seven days after a similar VCAT decision.
Appeals against those decisions were briefly mentioned in the higher court on Wednesday, May 1.
VCAT recently heard that staff at Ray White Benalla had been intimidated and abused by the renter.
"There has been slander on Facebook pages - directed at our agency and Mr Sharpe, and threats made to have (the daughter's) funding shut," a real estate agent said.
"Threats to the ACCC, have a Federal Court case and other matters.
"I can keep going.
"I can give you pages of emails where there has been intimidation and abuse."
Anderson has steadfastly refused to leave.
"I don't have the funds and I am not going into another dodgy property," she told VCAT, arguing the eviction notice was invalid.
"I am not going."
VCAT senior member Kylea Campana said due to her behaviour, Anderson would likely find it almost impossible to find another rental in Benalla.
Ms Campana said Anderson had criticised Mr Sharpe and Ray White on Facebook.
"It does not take a lot of insight to expect that taking these steps may result in some backlash, and that future rental providers or agents would not be attracted to a renter who was aggressive in her approach and critical of the actions being taken," Ms Campana said.
"There is also the issue of the rent not being paid.
"I accept that the prospect of the renter being made homeless is a matter that will have a significant impact on the renter.
"However, the renter has played a major part in arriving at her current circumstances."
Wednesday's appeal against the two VCAT decisions was heard in chambers, with the case to return at a later date.
