Everything You Need To Know About Rental Evictions

Eviction is a tenant’s worst nightmare, and quite often a landlord’s too.

With Toowoomba’s vacancy rate at a multi-year low of just 0.3% in March, according to SQM Research, many tenants fear being evicted and not being able to find a new rental home. Landlords, too, worry about the cost, time and stress of having to forcibly remove unruly tenants from their property.

We’ve rounded up everything tenants and landlords need to know about evictions – and how to avoid them.

How does an eviction take place?

One thing everyone needs to know up front is that evictions cannot take place immediately – there are documented processes to follow that allow all parties sufficient time and information to prepare.

There are several ways a landlord can end a tenancy agreement here in Queensland. The most common is by issuing their tenant with a Notice to Leave form. Minimum notice periods apply when ending a tenancy, and these vary according to the reason for issuing the form. For example, for an unremedied breach of the lease related to rent arrears, only seven days’ notice must be given, but for a general unremedied breach, it’s 14 days.

It’s also important to be aware that major reforms to Queensland’s tenancy laws late last year mean that rental property owners are no longer allowed to issue a Notice to Leave without grounds.

If a tenant doesn’t leave the property by the nominated date, the landlord may apply to the Queensland Civil and Administrative Tribunal (QCAT) for a termination order. Once a termination order is issued, the tenant must vacate the premises by midnight on the date set out in the order.

On what grounds can a tenant be evicted?

QCAT can end a tenancy agreement if a tenant doesn’t leave their rental home on the date specified by a Notice to Leave. Other reasons a landlord might apply for a termination order from QCAT include:

• Repeated breaches by the tenant – if two or more breach notices have been issued for the same breach within 12 months and the breach occurs a third time, the landlord can apply for a termination order. Breaches include not paying rent, damage to the property, noise complaints, and having more occupants in the property than stated on the lease.
• Objectionable behaviour – if a tenant harasses, intimidates or verbally abuses a landlord, the landlord’s property manager or people on nearby premises or causes a serious nuisance, the landlord can apply for a termination order.
• The tenant has abandoned the property – landlords can apply to terminate a lease if they have reasonable grounds to believe the property has been abandoned. These include rent not being paid, a build-up of mail in the letterbox, the absence of household goods, neighbours’ observations that indicate the tenants have left, disconnection of services like electricity and gas, and the tenant not responding to attempts to contact them.
• Excessive hardship – if a landlord believes they would suffer extreme hardship if the tenancy continued, they can apply to QCAT to end the tenancy. For example, if the property owner suffered a severe mental or physical illness and could not continue with the tenancy or had a change in personal circumstances and needed to move into the property themselves.

If QCAT ends a tenancy agreement due to a tenant’s objectionable behaviour, repeated breaches of the lease, or property abandonment, the tenant may be listed on a tenant database or ‘blacklist’.

What can a tenant do if they feel they’re being unfairly evicted?

A tenant can dispute a Notice to Leave if they aren’t given the right amount of notice or if they disagree with the reasons stated on the form. A tenant can only dispute a Notice to Leave without grounds if they believe it was issued for retaliatory reasons. Retaliatory eviction, where a landlord attempts to evict a tenant in retaliation for something they have done to pursue their rights, such as applying to QCAT or making a complaint to a government body, is not allowed.

If a tenant doesn’t agree with a Notice to Leave, they should contact their landlord or property manager to let them know, ideally in writing. If the property owner and the tenant can’t reach an agreement, either party can apply for free dispute resolution with the Residential Tenancies Authority (RTA). If, after dispute resolution, the issue is still unresolved, it can be taken to QCAT for a final decision.

What if QCAT has issued a termination order?

If a landlord seeking a termination order applies for a termination hearing with QCAT, QCAT will send the tenant a notice of the hearing and a copy of the application. Tenants can then attend the hearing to put forward their side of the story, which is especially important if they are disputing the reason why the landlord is ending the lease.

How common are evictions?

The good news is that eviction is a last resort. Wise landlords and property managers maintain good working relationships with their tenants through regular inspections and rent reviews, timely maintenance and repairs, and clear and open communication. And the majority of tenants follow the rules and abide by their tenancy agreements – the rental property is their home, after all.

Are you looking for an experienced property manager to take care of your Toowoomba investment property, or are you searching for your next Toowoomba rental home? We can help. Get in touch with our expert local team today.