Got an Eviction Notice? How to Tell If It’s Legal and How to Fight It

A termination notice in your letterbox is scary. Your first thought is “where am I going to live?” Your second should be: “Is this even legal?”

A huge number of eviction notices are invalid. Wrong form. Wrong notice period. No reason where a reason is required. And an invalid notice can be challenged at the tribunal, and the landlord still needs a tribunal or court order to evict you.

First: a notice is not an eviction

Only a tribunal (or a court in Western Australia and Tasmania) can order you to leave. A landlord cannot change the locks, throw your stuff out, cut off the power, or physically remove you. If they try, that is illegal and you can get urgent orders and compensation.

The notice is just the first step. If you don’t move out by the date, the landlord has to apply to the tribunal. Then you get a hearing where you can argue your case.

Check the notice period

Notice periods depend on the reason and your state. Here are the most common ones:

• No reason (periodic lease): New South Wales has now banned no-grounds evictions for most tenancies. Victoria banned them in 2021. Queensland banned them for periodic leases in 2022. Western Australia still allows no-grounds notices; South Australia has required a prescribed ground since 1 July 2024.
• Rent arrears: you usually need to be 14 days behind before a notice can be issued, and the notice period is then 14 days (New South Wales, Victoria, South Australia) or 7 days (Queensland).
• Landlord selling, moving in or renovating: 30 to 90 days depending on the state, and the reason must be genuine.

If the notice gives you less time than the law requires, it is invalid.

Check the reason

In New South Wales, Victoria, Queensland, South Australia, the Australian Capital Territory and Tasmania, the landlord must now give a valid reason listed in the Act. “I just want you out” is not a reason. If the notice says the landlord is selling, they must actually be selling. If it says they are moving in, they must actually move in. Tribunals look closely at this, and lying can cost the landlord compensation.

Check the form

Most states require a specific form or specific wording. It must be in writing, signed, dated, and give the correct end date. A text message saying “you need to be out by the 30th” is not a valid notice anywhere in Australia.

Is it retaliation?

Did you recently ask for repairs, object to a rent increase, or complain to the agent? Every state tribunal can throw out an eviction that was issued because you stood up for your rights. Keep the timeline and messages.

Your options

1. Respond in writing. Tell the landlord the notice is invalid and why. Sometimes that ends it.
2. Apply to the tribunal yourself. You don’t have to wait for them. In most states you can apply to have the notice set aside, and there is a deadline (often 14 to 30 days).
3. Prepare for the hearing. Bring the notice, your lease, rent ledger and every message. Tribunal members are used to renters representing themselves.
4. Ask for more time. Even if the notice is valid, the tribunal can often give you extra weeks to find somewhere if leaving would cause hardship.

Don’t move out on a dodgy notice

Every year renters pack up and leave because a landlord sent a letter that would never have survived a tribunal hearing. Don’t be one of them. Check the notice. Challenge it.

Claim Done drafts your Tribunal Application for $97. Done in about 5 minutes.