Got an Eviction or Termination Notice: How to Respond as a Renter in Australia

Your landlord or property manager just handed you a termination notice. You need to know if it is valid, whether you have to move, and what to do next.

Claim Done’s Eviction Notice Response ($49) is a formal written response to your landlord or agent that checks the notice against your state’s tenancy laws — grounds, evidence, notice period, form — and sets out why the notice is invalid or defective if it is, or confirms what happens next if it is not. The document is drafted by our Programmatic Algorithms from your answers to plain questions, you read it before it is final, and you download it to send yourself or email to the landlord or agent. It is for renters in New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, the Australian Capital Territory and the Northern Territory who have received a termination notice and want a written response that protects their rights.

Why respond in writing?

A termination notice is not an eviction order. Your landlord or agent cannot force you to leave, change the locks or turn off the power. Only a tribunal or court can evict you, and only after a hearing where you have the chance to defend yourself.

A written response does three things:

• It puts the landlord or agent on notice that you know your rights and are checking the notice against the law
• It creates a record of your position if the matter goes to tribunal
• It buys you time to find somewhere else or negotiate, especially if the notice is defective

If the notice is invalid, your response points that out and states that you do not accept the termination. If the notice is valid, your response confirms the end date and asks practical questions: final inspection, bond, forwarding address.

What makes a termination notice valid?

Every state and territory has its own residential tenancy legislation. The rules differ, but the core requirements are the same.

A valid termination notice must:

• Use the approved form for your state
• State a lawful ground for ending the tenancy
• Give the correct notice period for that ground
• Include evidence where the law requires it (for example, a sale contract for a genuine sale termination)
• Be properly served on you

If any of those elements is missing or wrong, the notice is defective. A defective notice does not end your tenancy. The landlord or agent would need to serve a fresh notice that fixes the defect.

Common grounds for termination

End of fixed term (no grounds). In most states, a landlord can end a lease at the end of the fixed term without giving a reason, as long as they give the required notice (typically 30, 60 or 90 days depending on the state). Some states have abolished or restricted no-grounds terminations.

Breach of the agreement. You failed to pay rent, damaged the property, used it for an illegal purpose, caused a nuisance, or breached another term of the lease. The notice must specify the breach and, in some states, give you a chance to fix it first.

Sale of the property. The landlord has exchanged contracts to sell the property with vacant possession. The notice must be accompanied by a copy of the sale contract in most states.

Landlord or family moving in. The landlord, or a close family member, genuinely intends to live in the property. Some states require a statutory declaration.

Renovations or demolition. The landlord intends to carry out major renovations or demolish the property, and you cannot reasonably stay during the work.

Hardship. The landlord claims they will suffer undue hardship if the tenancy continues.

Each ground has its own notice period and evidence requirements. If the notice does not match the ground, it is defective.

What your response should cover

Your written response should:

• Confirm receipt of the notice and its date
• Identify the notice by its form number and the ground stated
• Check the notice period against your state’s legislation for that ground
• Check the form — is it the approved form, does it include all required information
• Check the evidence — if the ground requires evidence (a sale contract, a statutory declaration), was it attached
• State your position — you dispute the notice and do not accept the termination, or you accept the end date and ask practical questions
• Set out the consequences — if the notice is defective, the landlord or agent must serve a fresh notice; if they apply to tribunal without fixing it, you will oppose the application

If the notice is defective, your response should be firm but not aggressive. You are pointing out that the notice does not comply with the law.

If the notice is valid, your response should be practical. Confirm the end date, ask when the final inspection will be, how the bond will be returned, and where to send your forwarding address.

Free vs paid: what is the difference?

You can write your own response for free. Look up your state’s residential tenancy legislation, find the section that covers termination notices, check the notice against the requirements, and write a letter that sets out your position.

The free option works if you have the time, you are confident reading legislation, and you know how to structure a formal response.

Claim Done’s Eviction Notice Response ($49) does the work for you. You answer plain questions about the notice — the date, the form, the ground, the notice period, any evidence attached — and our Programmatic Algorithms draft a response that:

• Quotes the relevant section of your state’s residential tenancies legislation
• Checks the notice period against the statutory minimum
• Identifies any defects in the notice
• States your position clearly and formally
• Sets out the next steps

You read the response before it is final. If you want to change the tone, add a fact or remove a sentence, you can. Once you approve it, you download it as a PDF to send yourself, or we email it to the landlord or agent for you.

The paid option saves you hours of research and gives you a document that reads like it was written by someone who knows tenancy law.

What happens after you send your response?

If the notice is defective and you have pointed that out, the landlord or agent has three choices:

1. Serve a fresh notice that fixes the defect
2. Withdraw the notice and leave the tenancy in place
3. Apply to tribunal anyway and hope the tribunal overlooks the defect

If the notice is valid and you have confirmed the end date, the landlord or agent will typically arrange a final inspection, return your bond (minus any lawful deductions), and end the tenancy on the date stated.

If you refuse to leave after a valid notice, the landlord or agent can apply to the tribunal for a termination and possession order. You will be served with the application and given a hearing date. At the hearing, you can argue that the notice was defective, that the ground was not genuine, or that the tribunal should refuse the order on hardship grounds.

How Claim Done helps

Claim Done’s Eviction Notice Response is built for renters who want a professional written reply without paying a lawyer’s hourly rate.

You answer questions about the notice in plain English:

• When did you receive it?
• What form is it on?
• What ground does it state?
• How many days’ notice does it give?
• Did the landlord or agent attach evidence?

Our Programmatic Algorithms draft your response, checking the notice against your state’s legislation. You read it, approve it, and send it. Flat fee, fast turnaround, no legal jargon you don’t understand.

Start your response now

Received a termination notice, notice to vacate or notice to leave? Don’t ignore it, and don’t assume it is valid just because it is on a form.

Check it. Respond in writing. Protect your rights.

Draft your written response to a termination notice at Claim Done — $49, Australia-wide, ready in minutes.

Frequently Asked Questions

Do I have to move out if I receive a termination notice?

No. A termination notice is not an eviction order. Only a tribunal or court can order you to leave, and only after a hearing. If you believe the notice is invalid, you can stay and defend yourself at tribunal if the landlord applies for a termination order.

What if the notice does not give enough notice?

If the notice period is shorter than your state’s legislation requires for that ground, the notice is defective. Your written response should point out the defect and state that you do not accept the termination. The landlord or agent must serve a fresh notice with the correct notice period.

Can I negotiate with the landlord after receiving a termination notice?

Yes. A written response can open the door to negotiation. If the notice is defective, the landlord may prefer to negotiate rather than serve a fresh notice or apply to tribunal. If the notice is valid, you can ask for more time to move or offer to fix a breach.

What if the landlord serves a termination notice in retaliation for a repair request?

Retaliatory termination is unlawful in every state. If you believe the notice was served because you complained about repairs, contacted the tribunal or exercised another right, your response should state that and warn that you will raise it at any tribunal hearing. Keep records of your repair requests and the landlord’s response.

How long do I have to respond to a termination notice?

There is no statutory deadline to respond, but you should respond as soon as possible — ideally within 7 to 14 days. A prompt response shows you are taking the notice seriously and gives you the best chance to negotiate or prepare for tribunal if needed.