Notice to Vacate & Eviction Notice Australia: How to Legally Evict a Tenant (All States)
Your tenant hasn't paid rent for weeks. Or they've damaged the property. Or the tenancy has ended and they're still there. Whatever the situation — if you want a tenant out in Australia, there is a strict legal process you must follow. Get it wrong and you're back to square one, potentially months later.
This guide explains exactly how to issue a valid eviction notice in Australia — also called a notice to vacate — covering every state and territory, the correct notice periods, what the document must say, and what to do when a tenant refuses to leave.
This article is general information, not legal advice. Check your state's tenancy authority for the current rules that apply to your situation.
Describe your situation and draft a notice to vacate for your state, from $3.99. Check it against your state's official form before you serve it.
Can You Just Tell a Tenant to Leave?
No. In Australia, landlords cannot verbally tell a tenant to go, change the locks, remove their belongings, or cut off utilities. Doing any of these things — even if the tenant is seriously behind on rent — is illegal and can result in significant penalties against you as the landlord.
The only lawful way to end a tenancy and recover possession of your property is to follow the process under the relevant state tenancy legislation: serve a valid written notice to vacate, wait the required notice period, and if necessary, apply to a tribunal for a possession order.
What Grounds Can You Use to Evict a Tenant in Australia?
You must have a legally recognised reason. The most common grounds for issuing a notice to vacate are:
Tenant not paying rent
This is the most common reason Australian landlords need to issue an eviction notice. The tenant must be behind by a specific number of days (varies by state) before you can issue a notice on this ground. Keep records of every missed or late payment — you'll need them if the matter goes to a tribunal.
Breach of the tenancy agreement
Unauthorised pets, subletting without consent, causing damage beyond fair wear and tear, or interfering with other residents' quiet enjoyment are all common lease breaches that justify a notice to vacate. The breach must be documented — photos, written warnings, maintenance records.
End of fixed-term lease
In Queensland, WA, Tasmania and the NT, a landlord can still give notice because a fixed term is ending, with the required notice period. In Victoria, NSW, South Australia and the ACT, the lease ending is no longer enough on its own: you also need a recognised reason such as sale or moving in.
Periodic tenancy termination
Ending an ongoing (month-to-month) tenancy requires the longest notice periods, up to 90 days in NSW, Victoria and South Australia. Most states have removed the ability to end a periodic tenancy without a reason, so check your state's current legislation before acting.
Property sale requiring vacant possession
If you've sold your property and the buyer requires vacant possession, you can issue a notice to vacate — but you must give the correct notice period and the sale must be genuine.
Landlord moving in
If you or an immediate family member intend to occupy the property, this is a valid ground in most states. Evidence of genuine intent may be required if a tenant challenges the notice at a tribunal.
"No grounds" eviction, meaning ending a tenancy without a valid reason, has been removed in the ACT (2023), South Australia (2024), NSW (May 2025), Victoria (November 2025) and Queensland. If you try to evict without a recognised ground in these places, your notice will be invalid. Western Australia and the Northern Territory still allow it, although WA announced in May 2026 that it will ban it. Tasmania does not allow a no-reason notice for an ongoing tenancy, but a fixed-term agreement can be ended because it is about to expire.
Notice to Vacate Periods — Every State and Territory
Using the wrong notice period makes your eviction notice invalid. Here are the minimum periods across Australia, checked against each state's tenancy authority or tenants' service in October 2026:
| State | Rent Arrears | Other Lease Breach | No Tenant Fault (Sale, Moving In, End of Lease) |
|---|---|---|---|
| VIC | 14 days, once at least 14 days' rent is owed | 14 days, after 2 breach of duty notices for the same breach | 90 days for sale or the owner or family moving in. The end of a fixed term is not a reason on its own |
| NSW | 14 days | 14 days | 60 days if the fixed term is 6 months or less, 90 days for longer fixed terms and periodic tenancies. A valid reason is required |
| QLD | 7 days, after an unremedied breach notice | 14 days, after an unremedied breach notice | 2 months for the end of a fixed term, sale or owner occupation. A periodic tenancy cannot be ended without a ground |
| WA | 14-day breach notice, then 7 days' notice of termination | 14-day breach notice, then 7 days' notice of termination | 30 days at the end of a fixed term, 60 days for a periodic tenancy |
| SA | Breach notice once rent is 14 days unpaid, giving 7 clear days to pay | Breach notice with time to fix the breach | 60 days at the end of a fixed term, 90 days for a periodic tenancy (60 days in some cases such as sale). A prescribed reason is required |
| TAS | 14 clear days | 14 clear days | 42 clear days for the end of a fixed term, sale, major renovation or family use |
| ACT | Notice to remedy once rent is 7 days overdue, giving 7 days to pay, then 2 weeks' notice to vacate | 14 days to remedy, then 2 weeks' notice to vacate | 8 weeks for sale or the owner or family moving in, with evidence. No-cause notices are not allowed |
| NT | Notice to remedy once rent is 14 days in arrears, giving more than 7 days to pay, then a tribunal application | Notice to remedy, then a tribunal application | 60 days without cause for tenancies that started on or after 2 January 2024 (older tenancies: 42 days periodic, 14 days fixed term) |
These periods apply only where you have a valid reason. Tenancy law changed in several states between 2023 and 2026, and in most of Australia the end of a lease is no longer enough on its own. In NSW, for example, a landlord now needs a reason such as sale, the landlord or family moving in, or major renovation, and since 1 July 2025 the reason and supporting evidence must be registered with the government. Confirm the current period and grounds with your state's tenancy authority before you serve anything.
That's Victoria, New South Wales, Queensland, Western Australia, South Australia, Tasmania, the ACT and the Northern Territory — the same minimum periods apply whether the property is in Perth, Adelaide, Melbourne, or anywhere else in that state.
These are minimums — you can always give more notice. But giving even one day less than the minimum makes the notice legally invalid.
What Must a Valid Eviction Notice Include?
A notice to vacate in Australia must contain specific information to be valid. Missing any of the following can give a tenant grounds to challenge it:
- Your full name and contact details as landlord (or your agent's details)
- The tenant's full name
- The full address of the rental property
- The date the notice is issued
- The specific ground for termination — stated clearly and factually
- Details of the breach — exact amounts owed, dates, or specific lease clause breached
- The vacate date — correctly calculated from the issue date
- Reference to the relevant state tenancy legislation
- Your signature
The vacate date is where most eviction notices fail. It must be calculated correctly from the date of service — not the date you wrote the notice. If you hand it over in person on Monday, the notice period starts Monday. If you post it, most states add 2–4 days for delivery. One day short makes the notice invalid and you'll have to start again.
Use Your State's Official Form Where There Is One
Some states require a specific form, and a notice written any other way is invalid:
- Victoria: you must use the official "Notice to vacate to renter/s of rented premises" form from Consumer Affairs Victoria.
- Queensland: the notice is called a Notice to Leave and must be given on the Residential Tenancies Authority's Form 12.
- NSW: the notice is called a termination notice. It must be in writing, signed, and state the premises, the date the tenant must vacate and the ground.
- WA, SA, Tasmania, ACT and NT: check your tenancy authority's website for the current form and wording before you draft your own.
Where an official form exists, use it. A drafted notice is most useful for the cover letter and supporting details that go with the form, and in states that do not prescribe one.
How to Serve an Eviction Notice in Australia
You must serve the notice in a way that can be proven. Accepted methods vary slightly by state but generally include:
- Personal delivery — handed directly to the tenant (notice period starts immediately)
- Left at the property — placed in a clearly visible location such as under the front door
- Registered mail — additional days are added for delivery (usually 2–4 business days)
- Email — only valid where the tenant has explicitly agreed in writing to receive notices electronically
Keep proof of service — a delivery confirmation, a photo of the notice at the property, or a statutory declaration. If the tenant disputes service at a tribunal hearing, you need to prove it happened.
What if the Tenant Doesn't Leave by the Vacate Date?
If the tenant remains in the property after the vacate date in your notice, you cannot physically remove them yourself. The next step is to apply to the relevant tenancy tribunal in your state for a Termination and Possession Order:
- VIC: VCAT — vcat.vic.gov.au
- NSW: NCAT — ncat.nsw.gov.au
- QLD: QCAT — qcat.qld.gov.au
- WA: Magistrates Court — magistratescourt.wa.gov.au
- SA: SACAT — sacat.sa.gov.au
- TAS: Magistrates Court — magistratescourt.tas.gov.au
- ACT: ACAT — acat.act.gov.au
- NT: NTCAT — ntcat.nt.gov.au
The tribunal will schedule a hearing. If a possession order is issued and the tenant still doesn't leave, you can apply for a Warrant of Possession — authorising police assistance to remove the tenant.
Before the tribunal hearing, gather everything: the signed lease, rent payment records showing arrears, any written warnings you've sent, photos of damage, and proof you served the notice correctly. A tribunal won't issue a possession order without evidence, and a well-documented case almost always resolves faster.
Common Mistakes Landlords Make When Issuing an Eviction Notice
The most common reasons a notice to vacate is thrown out at a tribunal:
- Notice period is one or two days too short
- Wrong ground stated — e.g. citing rent arrears when the correct ground is lease breach
- Vacate date calculated from the wrong starting point
- No reference to the relevant state legislation
- Notice served by email when the tenant never agreed to electronic service
- Attempting to evict a tenant on "no grounds" in a state that no longer permits it
Any one of these errors means your notice is invalid. The tenant can stay, you'll wait weeks for the next tribunal date, and the process starts again. Getting it right the first time is always worth the extra care.
Create Your Eviction Notice Online in Minutes
Skip searching for a generic eviction notice template — SignedSorted drafts a state-compliant notice to vacate based on your specific situation — the correct ground, the right notice period for your state, the tenant details, and the property address. From $3.99, faster and cheaper than a real estate agent.
Create Your Eviction Notice
Get a legally structured, state-compliant notice to vacate drafted for your situation — ready to serve in minutes. From $3.99.
Create My Eviction Notice →Sources: NSW Fair Trading — Ending a Tenancy, Consumer Affairs Victoria — Renting, QLD Residential Tenancies Authority.
Frequently Asked Questions About Eviction Notices in Australia
My tenant is not paying rent — how quickly can I evict them in Australia?
It depends on your state. In Victoria, NSW and Tasmania you can give 14 days' notice to vacate once the rent is far enough behind. In Queensland, WA, South Australia, the ACT and the NT you must first give a breach or remedy notice and wait for it to expire before you can give notice to leave or apply to the tribunal. See the table above for each state. If the tenant still has not left or paid after the notice period, you can apply to the tribunal, and a hearing is typically some weeks away.
Can I evict a tenant without going to a tribunal?
Only if the tenant voluntarily vacates before the vacate date in your notice. If they don't leave, you must apply to a tribunal for a possession order. There is no legal mechanism to remove a tenant in Australia without a tribunal order — attempting to do so (changing locks, removing belongings) is illegal and can result in financial penalties against you.
Do I need a lawyer to issue an eviction notice in Australia?
No. Landlords can issue notices to vacate themselves, and most do. However, if the situation is complex — significant arrears, an aggressive tenant, or a dispute that's likely to end up at a tribunal hearing — getting legal advice before you act can save time and avoid costly mistakes.
Can a tenant challenge an eviction notice?
Yes. Tenants can apply to the relevant tribunal to contest a notice to vacate. Common grounds for challenge include: the notice period was too short, wrong ground stated, improper service, the breach was remedied before the notice expired (e.g. rent was paid), or the eviction is retaliatory. This is why accuracy matters — a defective notice is easy to challenge and buys the tenant more time.
What's the difference between a notice to vacate and an eviction order?
A notice to vacate is a document the landlord issues directly to the tenant — it requests them to leave by a certain date. An eviction order (Termination and Possession Order) is issued by a tribunal after a hearing. The notice alone does not give you the right to physically remove a tenant — only a tribunal order does.
Can I issue an eviction notice during a fixed-term lease?
Only for specific grounds — non-payment of rent or breach of the lease. You generally cannot terminate a fixed-term lease early just because you want to sell or renovate, unless the legislation provides for it or the tenant agrees in writing. At the end of the fixed term, you can issue a notice for end-of-term with the correct notice period.
How many months' notice do I need to give for eviction?
It depends on the ground and your state. Most rent-arrears and breach notices need 7 to 14 days, not months. Longer notice applies where the tenant is not at fault, such as a sale or the owner moving in: 90 days in Victoria and for most NSW tenancies, 2 months in Queensland, 8 weeks in the ACT, 60 days in the NT, and 42 days in Tasmania. Check the table above for your state.