Governed by the territory legislation and state eviction laws in Australia are the policies that guide the tenants and landlords to maintain healthy tenancy agreements. Eviction laws aim to protect and balance the interests of both parties. After staying in a property for a long time, it can be a daunting experience for the tenants. However, knowing the rights can make the process easier for both parties. Let’s break down what you need to know to be on the safe side:
Evictions Must Follow Legal Procedures
When the contract is about to end, the landlords cannot arbitrarily evict the tenants. They need to follow certain procedures and provide a valid reason such as breach of contract or serious property damage. Moreover, to initiate the eviction process landlords must properly understand the laws.
Notice Periods Vary by State
Every state has different eviction laws regarding notice periods. In Queensland, it depends upon the type of tenancy: fixed and periodic. In the case of a fixed tenancy period, a notice period is not required as the new agreement starts right after the completion with mutual agreement of both parties.
However, a periodic tenancy agreement is monthly-based and has no fixed finish date. The minimum notice period for this type of agreement is 14 days. So, always check your state’s tenancy laws for exact timelines.
You Have the Right to Dispute
If a tenant feels eviction is unfair or unnecessary, they have the right to dispute it. The tenants can prepare an application regarding the issue and submit it to their state’s tenancy tribunal. As a Queenslander one can contact the Residential Tenancy Authorities (RTA) to solve disputes and secure their rights as tenants.
Special Provisions for Hardships
During times of excessive hardships, the tenant can submit an application that justifies the hardships. They can request for rent reduction or a payment plan to avoid eviction.
The hardships may include:
-Losing a job and being unable to pay the rent.
-Forced to relocate for another job.
-Suffering from severe physical or mental illness and cannot continue the tenancy.
Before taking any legal actions the landlord must be aware of these provisions.
End-of-Lease Evictions
If the lease term ends and the landlord doesn’t wish to renew, they must provide adequate notice as per the eviction laws in Australia. Also, if the tenants leave the property in good condition they are entitled to get their bond back which was kept by the landlord before starting the tenancy.
As a tenant, it is crucial to understand eviction laws to safeguard your rights. Also if you are confused about your condition, better to take advice from a legal expert or tenancy advocacy service to take further action.
For additional property management information and rental rights get in touch with us. We’re here to keep you informed and empowered!
