Kicked Out for Complaining About Repairs? That’s Retaliatory Eviction and It’s Illegal

You asked for the mould to be fixed. Two weeks later you got a termination notice. The timing is not a coincidence. And you are right to be furious.

Here is what the landlord is hoping you don’t know: evicting a tenant for exercising their rights is illegal in every Australian state. It is called retaliatory eviction, and tribunals can cancel the notice.

What counts as retaliation

A notice is retaliatory if the landlord issued it because you:

• Asked for repairs or maintenance.
• Complained to the agent, the landlord, or a government body like Fair Trading or Consumer Affairs.
• Objected to a rent increase.
• Applied to the tribunal about anything.
• Refused an unlawful entry.
• Asserted any other right under your lease or the Residential Tenancies Act.

The landlord will never admit this. They will say they are “selling” or “renovating” or “just want the property back.” Your job is to show the tribunal the real reason.

The law in your state

• New South Wales: Residential Tenancies Act 2010, section 115. NCAT can refuse to make a termination order if the notice was retaliatory.
• Victoria: Residential Tenancies Act 1997, section 91ZZI. VCAT can declare a notice invalid if it was given in response to you exercising a right.
• Queensland: Residential Tenancies and Rooming Accommodation Act 2008, section 246A. QCAT can set aside a retaliatory notice if you apply within 1 month of becoming aware of it.
• South Australia: Residential Tenancies Act 1995, section 90A. SACAT can declare that a retaliatory termination notice has no effect.
• Australian Capital Territory, Tasmania, Western Australia, Northern Territory: similar protections exist under each Act.

How to prove it

Tribunals look at timing, pattern and evidence. Build a timeline:

1. Date you first raised the repair or complaint (email, text, screenshot).
2. Any follow-ups and the landlord’s response (or silence).
3. Date the termination notice arrived.
4. Any comments from the landlord or agent that hint at the real reason. “You’re being difficult” or “maybe this property isn’t for you” is gold.

The shorter the gap between your complaint and the notice, the stronger your case. Two weeks looks bad for them. Two days looks terrible.

What to do right now

1. Do not move out. Leaving means you have accepted the notice. Stay put and pay your rent.
2. Respond in writing. Tell the landlord you consider the notice retaliatory and will be challenging it.
3. Apply to the tribunal. In most states you must do this before the termination date on the notice, or within a set period (for example, 30 days in Victoria). Do not wait for the landlord to apply.
4. Keep asking for the repairs. The original problem still needs fixing. Don’t let the eviction threat distract you from that.

What the tribunal can do

If the tribunal finds the notice was retaliatory, it can declare it invalid. Your tenancy continues as if the notice never happened. In some states it can also order compensation and stop the landlord issuing another notice for a period of time.

Don’t let them bully you out

Retaliatory eviction works because most renters don’t fight it. They assume the landlord holds all the cards. They don’t. A tribunal application that lays out the timeline clearly and cites the right section of the Act is very hard for a landlord to answer.

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