The tenancy laws in Australia are created to protect not only the landlords but the tenants too. This is the reason why a landlord needs to follow the proper procedures to evict any tenant troubling them. If a tenant feels they are unfairly evicted, they can take the help of the law.
The tenant laws in Australia are almost the same in every Australian state but with some differences. You are required to learn about the law in your state before you opt to evict a tenant. If you need help, you can also contact landlord and tenant lawyers in Perth to properly screen tenants who need to be evicted. In this blog, you will learn about the process of tenant eviction in Australia.
A landlord in Australia will not be able to evict a tenant immediately. They need to begin the eviction process with an eviction notice. A “notice to vacate letter” needs to be handed to them or delivered via a registered post. A landlord needs to have a proper reason to evict a tenant.
Some of the reasons can include the following:
In some Australian states, the landlord might have other reasons to evict a tenant, but the above-mentioned reasons apply to most cases. The reason for the eviction needs to be provided in the eviction notice.
The notice needs to state the tenant’s name, the date when the tenant needs to vacate, and the landlord’s name and address. It is illegal to ask tenants to leave your property without giving any form of notice. Read More – How Long Does it Take to Evict a Tenant?
Every state in Australia has different rules regarding evictions. The rules under the different rules in Australia are as follows:
In New South Wales, a landlord needs to give at least a 14-day notice. As per the RTA or Residential Tenancy Act, there are some exceptions to this rule, but this rule applies to most evictions. If the real eviction notice eviction notices to evict a tenant is non-payment of rent, the tenant has the right to pay the rent or work out specific rental payment plans.
But if the tenant does not rectify the mistake and fails to vacate the property, the landlord can opt for a termination order from the tribunal. The order will specify the date of vacancy and can provide authority to the sheriff’s department to carry out the tenant’s eviction.
In Victoria, the process to evict a tenant will begin with a vacate notice. If the tenant does not vacate the property, the landlord will have the option to apply to a tribunal for a possession order. The order of possession will state the date by which the tenant needs to vacate and will issue a warning that the cops will remove the tenant if they do not vacate the property.
The rules in Queensland are similar to that of Victoria, and if the tenant refuses to vacate, the landlord can take strict action within two weeks. If the eviction process is not successful, the termination order can be put into effect within three days. A warrant will be sent to the police and will be effective under two weeks before the tribunal specificity some other date.
In Southern Australia, the landlord will begin the eviction by issuing a notice. The eviction notice needs to state how the tenant can solve any problems leading to the eviction. The eviction notice will also need to have the tenant’s name and the phrase “and all other tenants” in the notice.
After this, the tenant will have around seven days to respond. If the tenant can pay or solve associated problems, they may be allowed to stay further. But if they are not able to come up with a solution, the landlord has the right to apply for a “vacant possession order”. The tenant can only be vacated from the property via this order.
The process to evict a tenant in Western Australia is through a formal document that is the notice of a tenancy agreement breach. The tenant needs to respond to the notice within 14 days. If they fail to provide a solution to the ongoing problem, the landlord will be able to issue a termination notice which will give the tenant a week to vacate the property.
If there are problems in evicting a tenant in Australia, landlords can take the help of the best property lawyers in Perth. In Tasmania, the notice to vacate the property can be 14 or 28 days before the tenant is evicted. If the tenant does not vacate the property, the landlord can look for legal ways to ensure that the tenant leaves the property sooner than later.
The northern territory in Australia follows a different procedure. The landlord must acquire an application from a rental officer to begin eviction. Instead of delivering the notice via registered post or mail, the landlord needs to deliver the notice to the tenant in person. But if the tenant does not vacate the property, the landlord will have six months to file an order with Australia’s Supreme court for a writ of possession.
ACT has a different procedure compared to the other Australian states. Here, the landlord needs to issue a notice of remedy, and they need to wait for a week before issuing a notice to vacate the property. The only exception is if two notices have already been issued in the past.
In most cases, a tenant looks for a solution to try to reason with the landlord for their eviction. In other cases, some tenants refuse to vacate the property, and a landlord needs to know what to do to handle such problems. It is illegal in each state for the landlord to evict a tenant by force.
Landlords can take the help of rental property eviction notice lawyers in Perth to receive advice for proper eviction of tenants. If a landlord follows the proper procedure as per their state, they can ask the police to remove the tenant. If they do not follow the correct process, the police will not help.
Some of the reasons why landlords ask tenants to vacate their property are as follows:
This is one of the common reasons why landlords look to evict tenants from their property. The problem is not a one-off situation but something that offers multiple times for it to become a problem to the landlord. According to experts, a landlord needs to opt for all possible solutions before they seek to evict the tenant.
Some landlords look for ways to come up with a solution, but nothing can be done if the tenant does not cooperate. In such cases, the landlord takes legal action, and eventually, the tenant has to vacate the property. Lawyers are useful to landlords in such cases.
This is another reason why landlords look to opt for the eviction process. The tenant needs to take proper care of the property where they live, and maintenance problems arise when they cannot do so. If tenants make changes to the property without the landlord’s permission, the owner has every right to evict them from the property legally.
When landlords sign the tenant’s tenancy agreement, the tenant must agree to everything stated in the country. If a tenant fails to maintain any of those agreements later, the landlord may need to evict them from the property.
Some breaches of the agreement are as follows:
If you are the owner of a property where you have allowed tenants to live and they do not follow the rules, you may need to evict them. But you can only evict them by keeping the tenant rules in mind, but if the tenants cause problems for you, you can opt to contact Property Lawyers Perth.
They are a reputed firm providing the best lawyers who can help landlords with tenant eviction issues. These lawyers can help make things easier for landlords and ensure that the tenants leave the property without causing much trouble.
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