Whether you are a fresh tenant in Australia and you are interested in getting a quick update on the main regulations regarding your rights as a tenant in the country, or you have been recently involved in a conflict with your landlord and you would like to clarify a few things, read on.
Australian State Rules For When The Landlord Asks You To Move Out
There are almost as many different tenancy laws as there are states in the land Down Under. This means you will need to focus on familiarizing yourself with the exact rules of the state where you are in.
If you live in Queensland, your landlord needs to give you a minimum notice of at least two months prior to terminating your tenancy earlier than originally agreed upon. This is the case when you have signed a periodic lease. On the other hand, provided you are on a fixed-term tenancy agreement, the landlord will not be able to force you to leave the premises unless you have somehow breached one or several of the terms of the agreement. In such a scenario, both you and the landlord will need to come to a mutual agreement to have the lease ended sooner.
Australian Capital Territory
If you live here, your landlord will not be able to legally evict you while a fixed-term agreement is still in place. There is an exception to these rules, namely, in case you have breached any of the terms of the agreement. In case of a periodic tenancy agreement, your landlord will need to issue at least a 4-week notice provided they have a reason for the eviction, and a 26 weeks' notice in case they do not have a solid reason.
New South Wales
Similarly to the Australian Capital Territory eviction terms, a landlord in New South Wales will not be able to terminate a fixed-term tenancy agreement prior to the natural ending period unless yo have done something to breach the original agreement. Also keep in mind that the landlord will need to give you a 30 days' notice at the end of the fixed agreement, or a 90 days' notice for a periodic tenancy lease. This means they will not be able to drop by unexpectedly and completely unannounced and interrupt your cool mobile gaming session on your tablet during the weekend.
Again, your landlord is not allow to ask you to suddenly evict the property prior to the end of the fixed-term lease, unless you have broken some of the terms. When the fixed is over, however, the landlord is forced to provide you with a minimum notice of at least 60 days, as well as a solid reason for it. For instance, they will need to tell you if they plan on putting the property out on the market or if they intend to move there themselves. In case they are not able to give you a solid reason, the eviction notice is set to at least 120 days.
With a 30-day eviction notice at the end of fixed-term agreements or throughout periodic agreements provided the house is about to be sold, and a 60-day eviction time for ending your tenancy without any plausible reason, tenants in Western Australia should always have a backup plan up their sleeve.
As a tenant here, your landlord should offer you a minimum eviction notice of 28 days once the fixed-term agreement is over, and a 60-day notice provided they wish to sell, move in with their family, or have the property demolished during an active periodic lease or once the fixed agreement has been completed. The timeframe goes up an extra 30 days in case they are not able to give you a solid reason for the eviction.
In case your landlord plans on evicting you, he is required by the law to give you a 14 days' notice in case of a fixed-term tenancy that has ended, or a 42 days' notice for an ongoing lease.
Finally, keep in mind that if you live in Victoria, your landlord will give you a 24-hour notice prior to coming over and assessing the property, and a 7-day notice in the Australian Capital Territory for a routine inspection. However, the assessments should be completed at a reasonable time, outside public holidays or Sundays. They should also be completed between the hours of 8 am and 6 pm unless otherwise agreed upon, which means your regular Sunday evening cocktail parties should not be affected.