Receiving an eviction notice is alarming — but it does not mean you have to leave. A notice is not an eviction. It is the start of a legal process, and you have rights at every stage. Here is exactly what to do.
Don't move out — read the notice first
The single most common mistake renters make is vacating as soon as they receive a termination notice, not realising they had grounds to challenge it.
You do not have to leave by the date in the notice. The notice initiates a process — if you do not agree with it, you apply to the tribunal to have it reviewed or struck out. Only a tribunal order can compel you to leave by a specific date, and even then you can sometimes seek an extension.
Read the notice carefully before doing anything else.
What a valid notice must include
A valid termination notice must:
If the notice is missing any of these elements, it may be defective — meaning it is not legally valid. A defective notice cannot compel you to leave.
- Be in writing
- Identify the property clearly
- State the termination date (giving at least the minimum required notice for that ground)
- State the ground for termination (in NSW, VIC, QLD, SA, ACT where no-grounds evictions are abolished)
- Be signed by the landlord or their authorised agent
Is the ground stated valid?
In NSW, VIC, QLD, SA, and ACT, the landlord must specify a valid ground for ending the tenancy. Common valid grounds include:
If the notice states a ground that is not recognised in your state, or does not state a ground at all (in states where one is required), the notice is invalid. In WA and TAS, no-grounds terminations remain legal.
- Landlord or family member moving in
- Property being sold with vacant possession
- Major renovations requiring vacant possession
- Significant tenant breach (unpaid rent, damage)
- End of a short-term rooming arrangement
How to challenge the notice
If you believe the notice is invalid, defective, or based on a false or pretextual ground:
The tribunal will assess whether the notice is valid and whether the stated ground is genuine. If the notice is struck out, you can remain in the property.
- Apply to your state tribunal before the notice date — do not wait
- In VIC, lodge with RDRV first for most dispute types
- In QLD, contact the RTA for conciliation
- State clearly: you are disputing the termination notice and requesting it be set aside
- Bring evidence: the notice itself, any written communication about the ground stated, and anything that shows the ground may be pretextual
Retaliatory evictions
In NSW, VIC, QLD, SA, and ACT, it is unlawful for a landlord to issue a termination notice in response to a tenant exercising their legal rights — such as requesting repairs, making a complaint, or asserting rights at tribunal.
If you recently made a repair request, lodged a complaint with a regulator, or exercised a legal right — and received a termination notice shortly afterwards — document the timeline and raise retaliatory eviction as a ground for striking out the notice.
Retaliatory eviction findings have become more common at tribunal as awareness grows. Document everything.