What to Do When Your Tenant Owes You Rent and Won’t Leave

A tenant who owes rent and refuses to leave puts you in a difficult position. You cannot change the locks, cut off utilities, or force them out yourself. Australian residential tenancy law requires a formal process, and skipping steps can cost you months of lost rent and legal fees.

The first formal step is a written notice about the unpaid rent. Its name and form differ by state: in some states it is a notice to remedy the breach, while in New South Wales and Victoria it is a termination notice or notice to vacate. This guide calls it a Notice to Remedy Breach. The notice gives the tenant a statutory deadline to pay the arrears or vacate. If they do neither, you can apply to the tribunal for a termination order and eviction warrant.

Why You Cannot Self-Evict

You cannot physically remove a tenant, even if they owe months of rent. Self-help eviction is illegal in every Australian state and territory. Actions that constitute illegal eviction include:

• Changing the locks or denying access to the property
• Removing the tenant’s belongings
• Cutting off electricity, water, or gas
• Harassing or threatening the tenant to force them out

If you take any of these actions, the tenant can apply to the tribunal for compensation, re-entry orders, and damages. You may also face fines or criminal charges.

The only lawful way to remove a non-paying tenant is through the tribunal process, starting with the written notice your state requires.

What Is a Notice to Remedy Breach?

A Notice to Remedy Breach is a formal written notice issued under residential tenancy legislation. It notifies the tenant that they have breached the tenancy agreement by failing to pay rent and gives them a statutory period to fix the breach or vacate.

The notice must comply with the prescribed form and timeframes in your state or territory. If the tenant does not pay the arrears or leave within the notice period, you can apply to the tribunal for a termination order.

State-Specific Names and Forms

Each state uses different terminology and forms, and in some states the first notice ends the tenancy rather than asking the tenant to remedy the breach. The state-by-state list below gives the first step in each state.

How Much Notice You Must Give

The rent must be overdue for a set time before you can give notice, and the notice period depends on your state:

• New South Wales: once the rent is more than 14 days overdue, a non-payment termination notice giving the tenant 14 days to leave. There is no separate remedy notice.
• Victoria: once the renter owes at least 14 days’ rent, a notice to vacate giving at least 14 days.
• Queensland: once the rent is more than 7 days overdue, a Notice to remedy breach (Form 11) giving 7 days to pay. If it is still unpaid, a Notice to leave (Form 12) giving at least 7 days.
• Western Australia: either a breach notice giving 14 days to pay, then a Form 1A notice of termination giving 7 days to move out, or a Form 1B notice of termination for non-payment of rent where no breach notice has been given.
• South Australia: once the rent has been unpaid for at least 14 days, a Form 5 notice of breach giving 7 days to pay.
• Tasmania: a notice to vacate giving at least 14 clear days. The notice has no effect if the tenant pays all the arrears within the 14 days (for the first two such notices in 12 months).
• Northern Territory: once the rent has been in arrears for at least 14 days, a notice to remedy (unpaid rent) giving more than 7 days to pay.
• Australian Capital Territory: check the ACT Government’s Renting Book for the current notice to remedy and notice to vacate rules.

Check your state’s residential tenancy authority before you serve anything, as these rules change.

What the Notice Must Include

A valid Notice to Remedy Breach must include:

• Your details (landlord or agent name, contact details)
• Tenant’s details (full name, rental property address)
• Breach description (specific amount of rent owed, dates unpaid)
• Remedy period (the statutory notice period for your state)
• Consequences (if the tenant does not pay or vacate, you will apply to the tribunal)
• Date and signature

The notice must be served in accordance with the service rules in your state (typically personal service, registered post, or email if previously agreed).

If the notice contains errors, is not on the prescribed form, or does not comply with the required timeframes, the tribunal may reject your application.

What Happens After You Serve the Notice

Once the tenant receives the Notice to Remedy Breach, three outcomes are possible:

1. The tenant pays the arrears in full

If the tenant pays all outstanding rent within the notice period, the breach is remedied and the tenancy continues. You cannot terminate the lease for that breach.

2. The tenant vacates the property

If the tenant leaves before the notice period expires, you can inspect the property, claim any unpaid rent or damage from the bond, and re-let the premises.

3. The tenant does neither

If the tenant does not pay and does not leave, you can apply to the tribunal for a termination order. If the tribunal grants the order, you can request a warrant of possession to have the sheriff or police remove the tenant.

Applying to the Tribunal

If the notice period expires and the tenant has not paid or vacated, you apply to the tribunal in your state. You will need to complete the prescribed application form, attach a copy of the Notice to Remedy Breach, provide evidence of service, and pay the filing fee (typically $50-$100).

The tribunal will issue a termination order if satisfied that:

• The tenant breached the agreement by failing to pay rent
• You served a valid Notice to Remedy Breach
• The tenant did not remedy the breach within the notice period

Once you have the termination order, you can apply for a warrant of possession if the tenant still refuses to leave.

What If the Tenant Disputes the Arrears?

If the tenant claims they do not owe the amount stated, or that you have breached the agreement (for example, failed to carry out repairs), they can dispute the notice at the tribunal hearing.

The tribunal will consider both parties’ evidence. If the tenant can prove they paid the rent, or that you failed to meet your obligations, the tribunal may refuse the termination order.

To avoid disputes, keep accurate records:

• Rent ledger showing all payments received
• Copies of rent receipts or bank statements
• Written communication with the tenant about the arrears
• Proof of service of the Notice to Remedy Breach

Serving the Notice and Following Through

Once you have the Notice to Remedy Breach, you must serve it correctly. Most states require personal service, registered post, or email (if the tenant has agreed to email service in the tenancy agreement).

Keep proof of service. If you serve by post, use registered or tracked mail. If you serve in person, have a witness present or take a photo of the notice being handed over.

After the notice period expires, apply to the tribunal immediately. Every week you wait is another week of lost rent.

If the tribunal grants a termination order and the tenant still refuses to leave, apply for the warrant of possession. The sheriff or police will attend the property and physically remove the tenant if necessary.

Throughout the process, do not engage in self-help eviction. Follow the formal steps, keep records, and let the tribunal enforce the order.

How Claim Done Helps

Claim Done drafts a rent arrears notice from your answers in about 5 minutes, citing your state’s Act. You tell us about your tenancy agreement, rent ledger, and details of the arrears. Where your state requires an official form (for example, Queensland’s Form 11), you receive an arrears statement to go with that form, and you complete and serve the official form yourself.

If the tenant does not pay or leave, Claim Done can also draft your tribunal application and a witness statement. You attach your own evidence and lodge the application yourself.

Start your Notice to Remedy Breach now at a flat fee — no subscription, no hourly billing, done fast.

Frequently Asked Questions

Can I evict a tenant immediately if they owe rent?

No. You must serve the written notice your state requires and give the tenant the notice period your state sets (see the state-by-state list above). If they do not pay or leave, you can apply to the tribunal for a termination order.

What if the tenant pays part of the arrears but not all of it?

Partial payment does not remedy the breach unless you agree to accept it in full settlement. You can still apply to the tribunal for the remaining amount. However, the tribunal may consider the partial payment when deciding whether to grant a termination order.

Can I deduct unpaid rent from the bond without a tribunal order?

No. You cannot claim the bond unilaterally. You must apply to the tribunal or bond authority for a bond claim order. If the tenant disputes the claim, the tribunal will decide how the bond is divided.

How long does the tribunal eviction process take?

It depends on your state’s notice periods (see the list above) and on the tribunal’s current waiting times. After the notice period ends, you apply to the tribunal; if it makes a termination order and the tenant still does not leave, you apply for a warrant of possession. Check your tribunal’s website for its current waiting times.

What if the tenant leaves but still owes rent?

You can claim unpaid rent from the bond. If the bond does not cover the full amount, you can apply to the tribunal for a monetary order against the tenant. If the tribunal grants the order, you can enforce it through debt recovery proceedings.