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Received an Unfair Eviction Notice? Your Legal Response Options

No-grounds terminations are being phased out across Australia. If your eviction notice looks retaliatory, defective or simply wrong, here is the formal response that protects you.

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Topics: eviction, legal response, tenancy, termination

The termination notice has arrived. You weren’t expecting it. You’ve paid rent on time, kept the place tidy, and recently asked for a repair. The rules around residential tenancy termination have tightened sharply across Australia, and a formal Legal Response can either stop the eviction or buy you the time and standing to negotiate properly.

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The termination framework in your state

New South Wales: Residential Tenancies Act 2010 — no-grounds notices abolished from May 2025; terminations now require a prescribed reason (sale, owner moving in, demolition, etc.) with evidence. NCAT reviews. Victoria: Residential Tenancies Act 1997 — no-reason notices ended in 2021; specified grounds only. VCAT. Queensland: Residential Tenancies and Rooming Accommodation Act 2008 — no-grounds notices ended 1 October 2022; prescribed grounds required. QCAT. Western Australia: Residential Tenancies Act 1987 — reform underway. Magistrates Court. South Australia: Residential Tenancies Act 1995 — no-grounds ended July 2024. SACAT. Australian Capital Territory: Residential Tenancies Act 1997 — prescribed grounds required. ACAT. Tasmania: Residential Tenancy Act 1997 — limited grounds; reform pending. The Residential Tenancy Commissioner or the Magistrates Court. Northern Territory: Residential Tenancies Act 1999 — NTCAT.

Common landlord justifications and why they often fail

“We’re selling.” Requires a genuine listing or contract; tribunals will look for evidence. “Owner moving in.” Requires a statutory declaration in most states; if the property is re-let within the prescribed period (often 6 months), penalties apply. “End of fixed term.” Even at end of fixed term, retaliatory terminations are unlawful — particularly where you’ve recently requested repairs or asserted tenancy rights. “We’ve decided to renovate.” Requires development approvals or genuine evidence of works.

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What the document does

A Legal Response to an eviction notice formally challenges the termination, identifies the procedural or evidentiary defects, raises retaliatory eviction arguments where applicable, and either demands withdrawal or sets out the grounds on which you will defend at tribunal. It is a more substantial document than a Letter of Demand because the stakes — losing your home — are higher.

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Agents respond to formal notices because they know what happens at the tribunal if they don't.
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What Claim Done delivers

For a flat fee, Claim Done drafts a comprehensive Legal Response: cited to the correct sections of your state’s Act, raising every available defence (retaliatory eviction, defective notice, insufficient evidence of grounds), and structured for tribunal use if needed.

What happens after

A properly-drafted Legal Response often results in withdrawal of the notice or a negotiated extended move-out date. If the landlord proceeds, the matter goes to your state tribunal, where the Legal Response forms the foundation of your defence. Tenant advocacy services (e.g. Tenants’ Union NSW, Tenants Victoria) can also assist at hearing.

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What happens when you put your landlord on formal notice

Same problem. What a prepared case looks like.

Before — doing it yourself
You email the agent. "We'll pass it on."
You follow up. Nothing.
Weeks pass. You keep paying rent.
You feel powerless in your own home.
→
After — a formal Legal Response
A formal Legal Response cites the exact section of the Act.
It sets the deadline the law gives them.
It records exactly what you asked for and when.
If nothing changes, you have the record the tribunal will ask for.
Send mine — $49 →Drafted in about 5 minutes. You read and approve it before anything is sent.
Legal Response$49 · ready in minutes · no card to start
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Getting it drafted

Can I have a Legal Response drafted for me instead of writing it myself?

Yes. Claim Done (claimdone.com.au) drafts a Legal Response 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=legal-response. Claim Done is not a law firm and does not give legal advice.

How much does a Legal Response 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.

Do I need a lawyer to send a Legal Response in Australia?

No. There is no legal requirement to use a solicitor to write or send a Legal Response; many people send their own. Claim Done drafts it for you and you approve it before it is sent.

What does Claim Done do that a free Legal Response template doesn't?

It drafts the Legal Response from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.

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