Being in the Real Estate Industry for nearly 15 years, there really isn’t anything I haven’t encountered. The topic of tenant eviction is generally an awkward one, and usually a last resort. I often hear landlords say, “let’s get them out.” Landlords can’t just evict a tenant whenever they feel like it. Tenants have rights, and they are protected by legislation. Of course, landlords have rights too and are protected by the same legislation. A certain legal process needs to be followed. Tenancies can only be ended in accordance with the Residential Tenancies and Rooming Accommodation Act 2008.
There are several reasons for which a landlord might consider evicting tenants in Qld. However, in most common cases, the major reason for the eviction is due to the violation or breaching of the specific terms & conditions of the lease agreement. In case the agreement between the tenant and the landlord is not met properly, and the tenant does not leave as per their requirements, then the landlord is compelled to take the unfortunate step of the tenant’s eviction. While doing the same, it is important to refer to the residential tenancy authority before evicting the tenants. This is because, in Australia, eviction rules for the tenants tend to vary from one state to another.
When you are the landlord and wish to evict your tenant, you should have a strong legal reason for doing so. There are several situations that could contribute to the termination of the lease agreement while providing a warrant for evicting the tenants. Tenant breaches the agreement | Residential Tenancies Authority (rta.qld.gov.au)
Main Reasons for Eviction:
- Failing to pay the rent
- Late rental payments on a consistent basis.
- Major damage caused to the landlord’s property.
- Utilizing the property for illegal purposes – like drug manufacturing.
- Breaching any other major obligation as mentioned in the rental agreement.
Before you can evict a tenant from your property for any legal reason, you are required to deliver the right legal notice to them. In Qld, this is called a Form 11 notice to remedy breach. When completing a Form 11 it’s important that you complete it with the date the breach needs to be rectified by. It’s also important that the time frame is within legislation. For example, non-payment of rent, legislations gives the tenants 7 days to get paid up to date. But for example, if a tenant has damaged the property, you may wish to give the 4 weeks to have this rectified, so they have time to attend to it.
Once a Form 11 has been issued. The tenant now has time to rectify the breach within the allocated time frame. If they do, the tenant can’t be evicted. If they don’t the landlord or property manager needs to issue a Form 12 Notice to leave. When you are evicting the tenants from the property, it is
imperative that you are following the right steps. If the tenant wishes to dispute this, they can do so through the RTA and mediation.
