Tenants' Guide to Evictions & Breach Notices in Tasmania

Dealing with evictions and breach notices can be stressful for renters in Tasmania. Knowing your rights and the correct steps can help you navigate these situations effectively. This guide provides essential insights into the eviction and breach notice process in Tasmania, including resources available to support you.

Understanding Evictions in Tasmania

In Tasmania, evictions and breach notices are governed by the Residential Tenancy Act 1997¹. This act outlines the circumstances under which a landlord can issue a notice.

Grounds for Eviction

Evictions must be based on specific grounds listed in the Act. Common reasons include:

• Non-payment of rent
• Breach of lease terms
• The landlord wants the property back for personal use

Receiving a Notice

If you receive an eviction notice, it should clearly state the reason for eviction, the termination date, and the necessary actions you need to take. It's important to cross-check the fine details to ensure they comply with the Act.

Breach Notices: What You Need to Know

A breach notice may be issued if a tenant is not complying with their lease terms. This differs from an eviction notice, as it provides an opportunity to rectify the breach.

Responding to a Breach Notice

Tip: Always respond promptly to a breach notice, and communicate any actions you will take to address the issue.

Upon receiving a breach notice:

1. Carefully review the alleged breach.
2. Rectify the issue within the given timeframe.
3. Provide written confirmation to your landlord, including any corrective actions taken.

If the issue remains unresolved and escalates, it might be necessary to involve the Tasmanian Residential Tenancy Commissioner².

Need Help? Resources for Renters

If you're facing eviction or have received a breach notice, consider reaching out to:

• Tenants' Union of Tasmania
• Community Legal Centres Tasmania
• Victim Support Service Tasmania

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1. What should I do if I receive an eviction notice? Immediately review the notice for accuracy, check the reason and termination date, and consider seeking legal advice.
2. Can my landlord evict me without notice? No, landlords must provide a valid reason and proper notice as required by the Residential Tenancy Act 1997.
3. How can I contest an eviction notice? You can apply to the Residential Tenancy Commissioner if you believe the notice is unjust.

1. How to respond to a breach notice?

   Address the alleged breach and communicate corrective actions to your landlord promptly.

2. What if the landlord's claims are incorrect?

   Gather evidence to support your position and seek advice or mediation through local tenancy services.

Key Takeaways

• Familiarize yourself with the Residential Tenancy Act 1997 to understand your rights and responsibilities.
• Always respond to notices promptly and keep a record of all communications.
• Seek assistance from local tenant advocacy groups when in doubt.

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¹ Residential Tenancy Act 1997 ² Residential Tenancy Commissioner

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