The fundamental rule — eviction requires a ground
A landlord cannot evict a tenant simply because they feel like it. Under the residential tenancy legislation in every Australian state and territory, a landlord must have a prescribed reason (called a 'ground') to terminate your tenancy. During a fixed-term lease, the grounds are even more limited. Eviction without a lawful ground, or without following the correct process, is unlawful — and you can challenge it at tribunal.
Two types of notices exist: a breach notice (requiring you to fix a problem within a set period) and a termination notice (formally ending the tenancy). These are different documents and serve different purposes — receiving a breach notice does not automatically mean you are being evicted.
Common lawful grounds for termination
While the exact terminology varies by state, the following grounds are recognised across most Australian jurisdictions:
- •Non-payment of rent (rent arrears) — the most common ground; specific notice periods apply
- •Serious damage to the property caused by the tenant
- •Illegal use of the premises (e.g., drug manufacture, operating an unlicensed business)
- •Nuisance — unreasonable interference with neighbours or other residents
- •Number of occupants exceeds the limit specified in the lease
- •Landlord requires the property for their own use or a family member's use
- •Landlord is selling the property (some states only, and specific rules apply)
- •Major renovations or demolition requiring vacant possession
- •End of a fixed-term tenancy (varies — see reforms below)
Rent arrears — notice process by state
Falling behind on rent is the most common ground for eviction. Each state has a specific two-step process: first a notice to remedy or pay, then a termination notice if the rent is not paid. The timeframes differ significantly.
If you receive a rent arrears notice, pay the outstanding amount within the notice period to avoid the next step in the process. If you remedy the breach (pay all arrears), the notice is generally spent and the termination cannot proceed on that ground alone.
| State | Arrears threshold | Step 1 — Remedy notice | Step 2 — Termination notice |
|---|---|---|---|
| NSW | 14+ days in arrears | Termination notice can be issued directly after 14 days | 14 days to vacate from termination notice |
| VIC | Any arrears | 14-day breach notice to pay outstanding rent | Termination notice if not remedied within 14 days |
| QLD | Any arrears | Notice to Remedy — 7 days to pay | Notice to Leave — 7 days to vacate if not remedied |
| WA | 14+ days in arrears | Breach notice — 14 days to remedy | Termination notice if not remedied |
| SA | 7+ days in arrears | 7-day notice to remedy | Termination notice if not remedied |
| ACT | 8+ days in arrears | Notice to Vacate can be issued directly | 14 days to vacate |
| TAS | Any arrears | Notice to remedy issued | 14 days to pay or vacate |
| NT | 14+ days in arrears | Termination notice issued | 14 days to vacate |
No-grounds evictions — state of reform
A 'no-grounds' eviction is where a landlord ends a periodic tenancy without giving a specific reason. This practice has been heavily criticised and is being reformed across Australia. The current position in each state is:
| State | No-grounds eviction (periodic tenancy) | Current status |
|---|---|---|
| NSW | Abolished | Banned for periodic tenancies since 2024 — landlord must give a prescribed reason |
| VIC | Abolished | Banned since 26 March 2021 — one of the first states to reform |
| QLD | Under review | Still permitted with 2 months' notice at end of fixed term; further reform ongoing |
| WA | Permitted | 60 days' notice required; no stated reason needed |
| SA | Permitted | 90 days' notice required; no stated reason needed |
| ACT | Restricted | 26 weeks' notice required — de facto protection due to lengthy notice requirement |
| TAS | Permitted | 42 days' notice required |
| NT | Permitted | 42 days' notice required |
Domestic violence — special termination rights
In every Australian state and territory, a tenant who is a victim of domestic violence has the right to immediately terminate their tenancy without penalty and without the standard notice period. This applies even in a fixed-term lease. You will generally need to provide supporting evidence such as a police report, intervention order, or a statutory declaration. The co-tenant (if the person using violence is also on the lease) may be removed and held liable for damage. Contact your state tenancy authority or a domestic violence service for immediate assistance.
DV termination provisions exist in all states but differ in their detail. In NSW, VIC, and QLD the provisions are particularly well developed. Legal Aid in your state can assist you to terminate quickly and safely.
What happens if you don't vacate after a termination notice?
A termination notice does not physically remove you from the property. If you do not leave voluntarily by the date specified in the notice, the landlord must apply to the relevant state tribunal or court for a possession order. They cannot change the locks, remove your belongings, or otherwise force you out without a possession order — doing so is an unlawful eviction and the landlord can face significant penalties.
- •Step 1: Landlord serves termination notice on the correct ground with correct notice
- •Step 2: Tenant does not vacate by the specified date
- •Step 3: Landlord applies to tribunal (NCAT, VCAT, QCAT, etc.) for a possession order
- •Step 4: Tribunal hears the application — tenant has the right to attend and respond
- •Step 5: If the tribunal grants a possession order, a final vacate date is set
- •Step 6: If the tenant still does not leave, a warrant of possession is issued — the sheriff or police can then lawfully remove the tenant
Challenging an eviction
If you believe an eviction notice is unlawful — for example, the ground is not valid, the notice period is incorrect, or the notice was issued as retaliation for you asserting your rights — you can apply to your state tribunal to have it set aside. Act quickly: most states have tight timeframes for challenging a termination notice. You do not need to vacate while the matter is before the tribunal unless the tribunal orders it.
Do not ignore a termination notice even if you believe it is invalid. Apply to your state tribunal immediately. Missing the hearing date will likely result in a possession order being made against you by default.
What landlords can never do
Regardless of any eviction ground, landlords in Australia are prohibited from taking the following actions to remove a tenant:
- •Changing locks or removing a door to prevent entry (unlawful lockout)
- •Removing or damaging the tenant's belongings
- •Cutting off utilities such as water, gas, or electricity to force departure
- •Harassing or intimidating the tenant to pressure them to leave
- •Evicting on the basis of a protected attribute under anti-discrimination law (e.g., race, disability, family status, pregnancy)
This guide provides general information based on current Australian tenancy legislation. It is not legal advice. Always verify with the relevant state tenancy authority or a qualified professional for your specific situation. Last verified: January 2026.