How much notice must I give?

In Australia, it depends on the ground and state. Common periods: 14 days for serious breach or arrears; 30–60 days for end of term (Australian states that still allow no-cause); 60–90 days for sale or landlord moving in. Check your state's Residential Tenancies Act carefully — wrong notice is invalid.

Can I evict a tenant for non-payment of rent?

Yes, in every Australian state, if the tenant is in arrears by the required amount (typically 14 days) and you have served a notice complying with the state Act. The tenant can remedy the breach by paying arrears before possession is granted; some Australian states impose mandatory pause periods.

Do I need grounds to end a fixed-term lease?

Increasingly yes. Victoria (since 2021), the ACT, and NSW (from 2025) require prescribed grounds for termination. Queensland, SA, WA, Tasmania and the NT still allow notice without grounds at the end of fixed term in some cases — but changes are ongoing.

Can the tenant challenge the notice?

Yes. The tenant can apply to the state tribunal to dispute the notice or seek more time. The tribunal examines whether the notice complies with the state Act, whether the grounds are made out, and whether eviction is justified in the circumstances.

What if the tenant doesn't leave?

You cannot evict them yourself. You must apply to the state tribunal for a termination and possession order. If granted, the Sheriff or Bailiff enforces the order. Changing locks or removing belongings without an order is illegal.

Can I evict for breach of lease?

Yes, for a breach other than arrears, you typically serve a breach notice giving the tenant a chance to remedy (often 14 days). If the breach is not remedied, you can proceed with a termination notice and, if necessary, tribunal application.

Does the notice have to be in writing?

Yes. Every state requires notice in writing, and most prescribe a specific form. Some states permit email service if the tenancy agreement authorises it. Keep proof of delivery (post receipt, email delivery receipt, or affidavit of personal service).

Can I evict for anti-social behaviour?

Yes, state Acts allow termination for threats, property damage, or persistent disturbance. NSW section 88 (serious damage/injury), Victoria section 91ZT, and Queensland section 290 allow immediate termination in serious cases. The tribunal will assess the evidence.

RentalAustralia

Eviction Notice (Notice to Vacate) Template

A notice to vacate (often called an "eviction notice") formally ends a residential tenancy. Use our free Australian template to prepare a notice of termination consistent with your state's Residential Tenancies Act — including the correct notice period, the required grounds, and the information the tribunal will expect to see if the matter proceeds to a hearing.

Create Your Eviction Notice (Notice to Vacate)

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James T. O'Brien

45 George Street, Sydney NSW 2000

+61 2 9876 5432

jobrien@realty.com.au

25 April 2026

Jack R. Morrison

45 Wattle Drive, Doncaster VIC 3108

NOTICE TO VACATE — VIC NON-PAYMENT OF RENT

To: Jack R. Morrison
Rental Property: 45 Wattle Drive, Doncaster VIC 3108

This is a formal notice from your landlord, James T. O'Brien, requiring you to vacate and deliver up possession of the above rental property by 9 May 2026.

REASON FOR THIS NOTICE
Non-Payment of Rent

Rent for April 2026 in the amount of 1,800.00 AUD was due on 1 April 2026 and remains unpaid as at the date of this notice. A written reminder was sent on 7 April 2026, which went unaddressed. This notice is served pursuant to the Residential Tenancies Act 1997 (VIC).

Total Rent Arrears: 1,800.00 AUD. Please note that if the full amount of arrears is paid before the termination date specified in this notice, this notice may become void under the applicable Residential Tenancies Act. Please seek independent legal advice or contact your state's tenancy authority to confirm your specific rights.

APPLICABLE LEGISLATION AND NOTICE PERIODS
This notice is served pursuant to the Residential Tenancies Act 1997 (VIC). The minimum notice periods under this Act for common termination types are:

Termination Type	Minimum Notice Period
Non-Payment of Rent	14 days arrears triggers a Notice to Vacate; VCAT application required
Breach of Agreement	14 days (to remedy)
End of Fixed Term	60 days before end of fixed term (or the rental agreement period)
No Grounds (Periodic)	120 days (periodic tenancy) — substantive grounds required in most cases

VIC: The Residential Tenancies Act 1997 (VIC) significantly restricts no-grounds terminations. In most cases, a reason must be given. Immediate family use requires 60 days notice. Contact Consumer Affairs Victoria or VCAT for guidance.

IMPORTANT — OFFICIAL FORMS
This document is a general template notice. In some states and territories, landlords are required to use official prescribed forms for specific grounds of termination. Failure to use the correct form may invalidate the notice. Landlords and tenants are strongly encouraged to verify requirements with the relevant authority:

• NSW: Specific forms (e.g. Notice of Termination) available at ncat.nsw.gov.au and nsw.gov.au/housing;
• VIC: Notice to Vacate forms available at consumer.vic.gov.au;
• QLD: Notice to Leave (Form 12) available at rta.qld.gov.au;
• WA: Notice of Termination available at consumerprotection.commerce.wa.gov.au;
• Other states/territories: Consult the relevant tenancy authority.

TENANT RIGHTS
You have the right to dispute this notice. Tenancy disputes in VIC are handled by the Victorian Civil and Administrative Tribunal (VCAT) — vcat.vic.gov.au. You cannot be required to vacate until a hearing is held and an order is issued by the relevant tribunal or court. We encourage you to seek independent legal advice or contact a tenant advocacy organisation in your state as soon as possible.

YOURS FAITHFULLY

James T. O'Brien

Landlord / Authorised Agent

Date: ____________________

Method of Delivery: ☐ Hand-delivered ☐ Registered post ☐ Posted on door ☐ Email
Date Served: 25 April 2026

Available as a print-ready PDF or an editable Microsoft Word (.docx) file.

What Is an Eviction Notice?

In Australia, an eviction notice — formally a "notice of termination" (NSW), "notice to vacate" (Vic), or "notice to leave" (Qld) — is a written notice served by a landlord on a tenant ending a residential tenancy. The notice must comply with the relevant Australian state Residential Tenancies Act and the regulations prescribed under it. An eviction notice is not an Australian court order: the tenant is not required to leave on the notice date unless they agree or a tribunal makes an order.

Australia has eight state and territory Residential Tenancies Acts: Residential Tenancies Act 2010 (NSW), Residential Tenancies Act 1997 (Vic), Residential Tenancies and Rooming Accommodation Act 2008 (Qld), Residential Tenancies Act 1995 (SA), Residential Tenancies Act 1987 (WA), Residential Tenancy Act 1997 (Tas), Residential Tenancies Act 1997 (ACT), and Residential Tenancies Act 1999 (NT). Each Act sets different notice periods and grounds for termination — and the wrong notice is invalid.

Since around 2019, most Australian states have moved away from "no-cause" terminations during fixed-term tenancies. Victoria, the ACT, and NSW (from 2025) now require prescribed grounds for termination even at the end of a fixed term. Where the tenant does not vacate after the notice expires, the Australian landlord must apply to the state tribunal (NCAT, VCAT, QCAT, SACAT, WA Magistrates Court, TasCAT, ACAT, NTCAT) for a termination and possession order — self-help eviction is unlawful across Australia.

What's Covered in This Template

Our notice to vacate template covers every essential element required under state Residential Tenancies Acts.

Landlord Details

Legal name and address of the landlord or agent issuing the notice.

Tenant Details

Full names of each tenant on the residential tenancy agreement.

Premises Address

Address of the tenanted premises to be vacated.

Grounds for Termination

Rent arrears, breach, end of fixed term, sale, or other prescribed ground.

Details of Breach

Particulars of the breach alleged and any opportunity to remedy.

Termination Date

The date by which the tenant must vacate, calculated per the state Act.

Notice Period

Clear statement of the notice period given (aligned with state requirements).

Tribunal Information

Explanation of the tenant's right to apply to the tribunal.

Supporting Documents

Reference to breach notices, sale contract, or other supporting evidence.

Service Details

Method of service (in person, post, email where permitted).

Landlord Contact

Contact details for any queries or arrangements.

Landlord Signature

Signature of landlord or authorised agent and date.

How to Create an Eviction Notice

Follow these steps to produce a valid notice to vacate in minutes.

1
Check Your State's Requirements
Identify the correct notice period and ground under the state Residential Tenancies Act.
2
Enter Party and Premises Details
Provide landlord, tenant, and premises information.
3
State the Ground
Specify the ground for termination (arrears, breach, sale, end of term) with particulars.
4
Calculate the Termination Date
Use the notice period prescribed by the state Act.
5
Serve the Notice
Deliver the notice by the method permitted under the state Act and keep proof of service.

Why Doxuno documents are different

Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.

Accurate

Country-specific legal content

Drafted with legal expertise for each jurisdiction, far more thorough than AI-generated drafts that copy generic clauses across borders.

Always current

Always current with the law

Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.

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Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.

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Editable Word (.docx)

Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.

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Legal Considerations

Eviction is regulated by state Residential Tenancies Acts; self-help eviction is unlawful.

This template is for informational purposes only and does not constitute legal advice. Incorrect notices are invalid and can delay possession significantly.

Reviewed for Australian law

State Notice Periods

Across Australian states, notice periods vary by ground: typical periods range from 14 days for serious breaches or arrears (NSW section 85, Vic section 91ZM), to 60 or 90 days for end-of-term notices without cause in states that still allow them. Victoria's Residential Tenancies Act 1997 requires grounds under section 91ZZD for all terminations. Check your Australian state Act for the exact period.

Prescribed Grounds Only

Most Australian states now require prescribed grounds for termination. Common grounds include non-payment of rent, serious breach, sale with vacant possession, landlord or family moving in, substantial renovations, and end of fixed term. "No grounds" termination has been abolished in Victoria, the ACT, and (from 2025) NSW, except in limited circumstances.

Tribunal Possession Orders

Under Australian law, if the tenant does not vacate after the notice expires, the landlord must apply to the state tribunal for a termination and possession order. NCAT (NSW), VCAT (Vic), QCAT (Qld), SACAT (SA), Magistrates Court (WA), TasCAT, ACAT, and NTCAT have jurisdiction. The tribunal can decline to make an order if the notice was defective, the tenant has paid arrears, or there are mitigating circumstances.

Prohibition on Self-Help Eviction

Under every Australian state Residential Tenancies Act, a landlord cannot physically remove a tenant, change the locks, or disconnect utilities without a tribunal order. Self-help eviction is an offence under state legislation (e.g., section 116 Residential Tenancies Act 2010 (NSW)) and exposes the landlord to civil damages and criminal penalties.

Frequently Asked Questions

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