How to evict a tenant: professional advice

Article topics:

• When can a Landlord Terminate a Tenancy in Australia?
• How much notice must a landlord give before eviction?
• What is the difference between periodic and fixed term tenancy?
• How to end a periodic tenancy?
• Can a landlord evict someone without giving them any notices?
• For what reasons can a landlord file an eviction notice?
• What are the penalties for eviction without cause in Australia?
• How Many Days Does a Tenant Have to Fix Damage to a Home?

A landlord can terminate a tenancy agreement under specific conditions, such as serious tenant breaches or the end of a fixed term. 

This guide addresses landlords (or head tenants) and tenants (or subtenants) in residential rental properties, encompassing various tenancy scenarios: 

1. Lease: A single tenant rents an entire unit. 

2. Joint Tenancy: Multiple tenants rent an entire unit together under a single agreement. 

3. Sublease or Room Rental in Joint Tenancy: An individual rents a room within a unit already leased from the landlord. 

It’s crucial to recognize that different types of tenancy may have unique aspects, so understanding the particular category applicable to your situation is essential. 

When can a Landlord Terminate a Tenancy in Australia?  #8

A landlord can issue a termination notice for both periodic and fixed-term tenancy agreements. For fixed-term tenancies, the notice period must be between 42 to 120 days (depending on the state) before the specified termination date in the tenancy agreement. If the tenant does not vacate by the termination date, the landlord can seek a termination order from the Tribunal. 

How much notice must a landlord give before eviction? 

The eviction notice can be given at different period depending on the state:  

• In 60-120 days before the end of the rent (VIC)  

• In 90 days before the end of the rent (NSW)  

• In 60 days before the end of the rent (QLD, WA, SA)  

• In 42 days before the end of the rent (Tasmania) 

What is the difference between periodic and fixed term tenancy? 

A periodic tenancy has no fixed end date and can be terminated by the tenant with notice or by the landlord under specific conditions. A fixed term tenancy runs for a set period, defined by a start and end date. If the duration of a fixed term tenancy is less than 90 days, it is called a short fixed-term tenancy, which is subject to different rules from longer fixed term tenancies. 

Aspect	Periodic Tenancy	Fixed Term Tenancy	Short Fixed Term Tenancy
End Date	No fixed end date	Specific start and end date	Duration is less than 90 days
Termination by Tenant	Tenant can end with notice	Tenant must adhere to the set duration	Governed by different rules
Termination by Landlord	Landlord can end under certain conditions	Landlord must wait until the end date or follow specific conditions	Governed by different rules
Duration	Indefinite	Set amount of time	Less than 90 days

How to end a periodic tenancy? 

Property managers or owners cannot end a tenancy without valid grounds. Acceptable reasons include the end of a fixed term agreement, preparing the property for sale, or the owner or a close relative moving in. 

Tenants can end a tenancy without grounds by providing proper notice, either at the end of a fixed term or during a periodic agreement. Notice periods vary depending on the reason for termination and the type of tenancy agreement. 

For example, a Notice to Leave must be given up to one day before the end of a fixed term tenancy to prevent it from reverting to a periodic tenancy. 

• Domestic and Family Violence (DFV): Tenants can end a tenancy early by providing seven days’ notice if they are experiencing DFV, and they are responsible for rent until the end of this period. They can also submit a bond refund request for their portion. 

• Mutual Agreement: A tenancy can be ended if both parties agree in writing. 

• Dispute Resolution: If there is a disagreement, the parties should first attempt to resolve it through discussion. If unresolved, they can apply for free RTA dispute resolution or seek a decision from the Queensland Civil and Administrative Tribunal (QCAT). 

• Specific Situations: Tenants can terminate the agreement if the property becomes non-livable, if a co-tenant dies, if they are no longer students in student accommodation, if the property is not in good repair, or if the property manager fails to comply with a repair or QCAT order. 

Can a landlord evict someone without giving them any notices? 

By law, a landlord cannot evict a tenant without notice. Landlords can only expect tenants to pay rent and adhere to the terms of the signed lease agreement. If a tenant fails to comply with the lease terms or does not pay rent, the landlord may file an eviction petit term ion in the county court.

For what reasons can a landlord file an eviction notice? 

Here is a table of reasons for eviction and the deadlines for filing an eviction document. Keep in mind that the deadlines may vary depending on the state of Australia. 

Reason for Notice to Leave	Agreement Type	Required Notice Period
Without grounds (no reason)	Periodic Agreement (general residential tenancies and long tenancy MD)	2 months
Without grounds (no reason)	Periodic Agreement (rooming accommodation)	30 days
Without grounds (no reason)	Fixed Term Agreement (general residential tenancies and long tenancy MD)	2 months or the end of the agreement, whichever is later
Without grounds (no reason)	Fixed Term Agreement (rooming accommodation)	Fourteen 14 days or the end of the agreement, whichever is later*
Unremedied rent arrears breach	General residential tenancies	7 days
Unremedied rent arrears breach	Long tenancy moveable dwellings	2 days
Unremedied rent arrears breach	Rooming accommodation (if lived in for 27 days or less)	No notice
Unremedied rent arrears breach	Rooming accommodation (if lived in for 28 days or more)	4 days
Other unremedied breach	General residential tenancies	14 days
Other unremedied breach	Long tenancy moveable dwellings	2 days
Other unremedied breach	Rooming accommodation	2 days
Non-compliance with a Tribunal order	General residential tenancies and long tenancy MD	7 days
Non-compliance with a Tribunal order to relocate	Moveable dwelling park	2 days
Non-liveability	General residential tenancies and moveable dwelling tenancies	Same day
Non-liveability	Rooming accommodation	Immediate notice
Non-liveability notice issuance period	General residential tenancies, moveable dwelling tenancies, and rooming accommodation	Within one (1) month of the event
Compulsory acquisition	General residential tenancies and long tenancy MD	Two (2) months
Voluntary closure of moveable dwelling park by the park operator	Long tenancy moveable dwelling	Three (3) months
Compulsory park closure	General residential tenancies and long tenancy MD	Same day
Sale contract (periodic agreement)	General residential tenancies and long tenancy MD	Four (4) weeks
End of entitlement under employment	General residential tenancies and long tenancy MD	Four (4) weeks
End of entitlement under employment	Rooming accommodation	One (1) month
End of entitlement to supported accommodation	General residential tenancies and long tenancy MD	Four (4) weeks
End of entitlement under affordable housing scheme	General residential tenancies and long tenancy MD	Two (2) months
Mortgagee in possession	General residential tenancies and moveable dwellings	Two (2) months Notice to Vacate
Mortgagee in possession	Rooming accommodation	Thirty (30) days Notice to Vacate
Serious breach	Rooming accommodation	Same day
Death of sole tenant or resident	Residential tenancies	Two (2) weeks
Death of sole tenant or resident	Rooming accommodation	One (1) week
Death of sole tenant or resident (if no notice issued)	Residential tenancies	One (1) month
Death of sole tenant or resident (if no notice issued)	Rooming accommodation	Two (2) weeks
Ending a short tenancy moveable dwelling agreement	Moveable dwelling park (agreement for 42 days or less)	Two (2) days or same day for non-liveability or compulsory closure of park

What are the penalties for eviction without cause in Australia? 

The landlord or agent must follow the proper legal procedures before eviction can occur. Locking you out without a Tribunal or court order is illegal and can result in fines up to $22,000, along with an order to compensate you. 

How Many Days Does a Tenant Have to Fix Damage to a Home? 

Responsibility for property maintenance generally falls on the property manager or owner, ensuring the property is habitable, in good condition, and meets minimum housing standards. However, if the tenant or their guest causes damage, the tenant must cover the repair costs. 

If a tenant requests repairs and the landlord or agent attempts to end the tenancy in response, this may be considered a retaliatory eviction. The tribunal might declare the notice to quit invalid or refuse to issue a termination order.