How to Respond to an Eviction Notice in Australia
Australian tenancy law is state-based, but all states give strong protections to tenants. A landlord cannot evict you without applying to the relevant state tribunal — and you have the right to contest any eviction. Here is what to do.
Your state tribunal is your primary protection
Every state in Australia has a tenancy tribunal: • Victoria: VCAT (Victorian Civil and Administrative Tribunal) • NSW: NCAT (NSW Civil and Administrative Tribunal) • Queensland: QCAT (Queensland Civil and Administrative Tribunal) • WA: SAT (State Administrative Tribunal) • SA: SACAT • ACT: ACAT
Your landlord must apply to the relevant tribunal to end your tenancy — they cannot evict you without a tribunal order. The process is designed to be accessible without a lawyer.
Notice period requirements
For periodic (ongoing) tenancies: • Most states require 90 days notice for no-grounds termination • For breach of agreement (e.g. rent arrears), shorter notice applies — typically 14 days • Fixed-term tenancies cannot be ended early without grounds
For rent arrears specifically: the landlord must give you a notice to remedy (typically 14 days to pay) before they can apply to the tribunal. If you pay within the notice period in most states, the landlord cannot proceed.
What to do when you receive a notice
1. Check the notice period is correct for your state and tenancy type.
2. Respond in writing within the notice period — do not simply wait it out.
3. If the eviction is for rent arrears and you can pay — pay immediately and keep the receipt. In most states this stops the eviction.
4. If you dispute the eviction, apply to your state tribunal for a hearing. You can do this yourself online — there is a small fee but you do not need a lawyer.
5. Contact your state tenant advice service for free help: • VIC: Tenants Victoria (tenantsvic.org.au) • NSW: Tenants' Union of NSW (tenants.org.au) • QLD: Tenants Queensland (tenantsqld.org.au)
At the tribunal hearing
Attend the hearing — failure to attend means a decision will be made without you.
Bring: your lease, rent payment records, all communication with the landlord, photos of the property, and any evidence relevant to your defence.
Common grounds for contesting eviction: • Notice was not properly served • Notice period was insufficient • The landlord breached the tenancy first (e.g. failed to make repairs) • The eviction is retaliatory • You have paid arrears since the notice was served
Tribunals in Australia are relatively informal and tenant-friendly. Members are experienced in housing disputes.
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