If your landlord or agent has given you an eviction notice or a notice to vacate, do not panic and
do not just move out. The notice may not be valid, only a tribunal can actually order you to leave, and every state
has a free tenant advice service. You have three real options: get free tenant advice and respond yourself, have a
response letter drafted for a flat $49, or use a lawyer or tenant advocate. This page sets out what
each costs and your rights.
First: three things to know
- The notice must be valid. A termination or eviction notice has to state the correct ground, be
in the right form, and give the notice period your state’s residential tenancy law requires. If it does not, it may
not be enforceable. - Only a tribunal can order you out. Your landlord cannot change the locks, remove your things,
or force you out themselves — that is unlawful. To end the tenancy against your wishes, they must apply to the state
tribunal (such as NCAT, VCAT or QCAT), and you can put your side there. - There are deadlines. The time to respond or to go to the tribunal is short and differs by
state, so get advice and act quickly.
Your three options, compared by type
1. Free tenant advice and respond yourself (free)
Every state and territory has a free tenants’ advice and advocacy service that can check whether your notice is
valid and explain your options. You can respond to the landlord or agent yourself and, if it goes to the tribunal,
put your case there.
- Cost: free — tenant advice services are free, and a tribunal application has a modest fee that
can often be waived in hardship. - Good for: everyone — get the free advice first in every case. It suits you well if you are
comfortable writing your own response once you know where you stand. - Trade-offs: you prepare your own response and put your own case, and a weak or late response can
undercut an otherwise good position.
2. Response letter drafted — Claim Done ($49 flat)
You answer a few plain-English questions about the notice and your tenancy. Claim Done drafts a formal response to
your landlord or agent from your answers — whether the notice appears valid, your position, and what you are asking
for (to withdraw an invalid notice, more time, or to resolve the issue). You read it and approve it before it is sent.
- Cost: a flat $49, shown before you pay. No subscription. Email delivery is
free; registered post, signed for on delivery, is $29 extra. - Exact deliverable: a finished, ready-to-send response to the landlord or agent, drafted from
your facts, putting your position clearly and on the record. - Turnaround: usually ready about five minutes after you finish the questions.
- What you supply: the notice (its date, the ground given and the move-out date), your tenancy
details, and what you want to happen. - What happens after you approve it: the response is delivered to the landlord or agent, and you
get a copy and the delivery confirmation. It puts your position on the record before any tribunal hearing. - Good for: most tenants who want a firm, clear written response on the record, alongside the free
tenant advice, without paying lawyer rates.
3. Lawyer or tenant advocate (quote-based or free)
A tenant advocate (often through the free service) or a lawyer can advise you and represent you at the tribunal.
- Cost: a tenant advocate through the free service is free; a private lawyer is quoted, usually
hourly. - Good for: a complex case, a large bond or compensation claim alongside the eviction, or where
you want someone to represent you at the hearing. - Trade-offs: a private lawyer is the highest cost; for many tenancy matters the free advocacy
service and a clear written response are enough.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who are you dealing with?
2. How much is at stake?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
Which should you choose?
Get the free tenant advice first, in every case — it costs nothing and tells you whether the notice is valid. If
you want a firm, clear written response on the record, the $49 letter is a low-cost middle path alongside that advice.
For a complex matter or a hearing, a tenant advocate (free) or a lawyer can represent you. Whatever you choose, do not
just move out on an invalid notice, and watch the deadlines.
What a response is — and is not
A response to an eviction or notice to vacate is a formal letter putting your position to the landlord or agent and
creating a record. It is not a tribunal order and does not decide the matter — only the tribunal can do that — but it
can prompt the withdrawal of an invalid notice, open negotiation, and strengthen your position if it goes to a hearing.
Where Claim Done fits
Claim Done is a document drafting service, not a law firm, and does not give legal advice. It drafts your response
to the notice from your answers for a flat $49, you approve it before it is sent, and it does not represent you at the
tribunal. Get free tenant advice as well.
Start your response to
the notice.
Frequently asked questions
Can my landlord evict me without going to the tribunal?
No. A landlord cannot change the locks, remove your belongings or force you out themselves — that is unlawful. To
end your tenancy against your wishes they must apply to the state tribunal (such as NCAT, VCAT or QCAT), where you can
put your side.
How do I know if the eviction notice is valid?
A valid notice must state the correct ground, be in the right form, and give the notice period your state’s
residential tenancy law requires. If any of those is wrong, the notice may not be enforceable. A free tenant advice
service can check it for you.
Do I have to move out by the date on the notice?
Not automatically. The date on a notice is not a tribunal order, and if the notice is invalid you may not have to
leave at all. Get advice quickly, respond, and do not move out of an otherwise secure tenancy based on an invalid
notice.
Is there free help for tenants?
Yes. Every state and territory has a free tenants’ advice and advocacy service that can check your notice, explain
your rights and, in some cases, represent you at the tribunal. Use it — it costs nothing.
How much does it cost to respond?
Free tenant advice costs nothing, and a tribunal application has a modest fee that can often be waived for hardship.
Claim Done drafts a formal response for a flat $49. A private lawyer charges a quoted fee, the dearest option.
What if I think the eviction is retaliatory or unfair?
Raise it in your response and get tenant advice promptly. Depending on your state, there may be protections against
a notice given for an improper reason, and the tribunal can take that into account. Putting your position in writing
early helps.
What happens when you put your landlord on formal notice
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Eviction Notice Response — Renter drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Eviction Notice Response — Renter from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=notice-to-vacate-response. Claim Done is not a law firm and does not give legal advice.
How much does a Eviction Notice Response — Renter cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Does Claim Done lodge the application with the tribunal or court?
No. Claim Done drafts the documents; you lodge them yourself and pay the tribunal's or court's own filing fee directly to it. The draft names the right tribunal or court and Act for your state.