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Evictions can be very tricky, legally speaking, so landlords have to make sure that they have a very sound basis for proceeding with an eviction.

Don’t forget to use RealRenta for every communication with your tenant, to ensure that each interaction is date and time stamped.

Here is the process for each state/territory simplified:

NSW

• Written terminations notices must be given 14 days before date of eviction

• The notice must indicate property address, eviction date and reason for termination

• If the tenant does not leave by the specified date, landlords can request a termination order from a tribunal, which ends the tenancy

• If the order is ignored, landlords have the right to obtain a warrant of possessions, which gives officers the authority to remove the tenant

VICTORIA

• Written terminations notices must be given 14 days before date of eviction

• The notice must indicate property address, eviction date and reason for termination

• If tenants do not leave, landlords have 30 days to request an order of possession from the tribunal

• If the tenant, landlords can obtain a warrant of possession to allow authorities to remove the tenant

QUEENSLAND

• The appropriate form must be used to create the notice

• If the tenant does not comply, landlords must apply to the tribunal for a termination order and a warrant of possession within 2 weeks of the date of handover

• When approved, the tribunal will then send notice regarding the hearing, as well as a copy of the landlord’s application to the tenant.

• Once the warrant is issued, it must be carried out within 3 days of the termination date

• The authorities have 14 days to enter the property and enforce the warrant

WESTERN AUSTRALIA

• Landlords must issue a formal notice to the tenant regarding a breach of the tenancy

• Tenants have 14 days to correct the breach.

• If tenants do not comply, the termination notice should be served

• The tenant has 7 Days after receiving the notice to leave the property

• If the tenant does not vacate within the time period, landlords can apply for an order of possession from the Magistrates Court within 30 days

• Subsequently, landlords can request a property seizure and delivery order

• A court-appointed bailiff will be sent to evict the tenant on the landlord’s behalf

SOUTH AUSTRALIA

• Landlords are required to serve written notice demanding a remedy, otherwise, the tenant must vacate the property

• The tenant has 7 days to comply with the request, 8 days if the offence involves rent arrears

• if this is disregarded, then the landlord may proceed to fill in an application form for eviction, which also covers a request for vacant possession

• it must be accompanied by supporting documents and then submitted to the tribunal

TASMANIA

• Landlords must provide a notice to vacate either 14 or 28 days prior to the stated eviction date

• If the tenant fails to vacate, the landlord can apply for an order of possession from the Magistrates Court

• A copy of the application must be presented to the tenant on the same day

• The court will send a representative to enforce vacant possession of the property on the set date

ACT

• Landlords must first serve a notice o remedy

• If the tenant ignores the notice and doesn’t act within 7 days, landlords can issue a written notice to vacate

• If a tenant has previously been issued with 2 remedy notices-a notice to vacate can be presented immediately

• If the tenant does not respond, landlords can apply for a termination and possession order and then a warrant for eviction

• Once the landlord has provided 2 days’ notice, the authorities can then remove the tenant within a set period.