Are you a tenant worried about being kicked out by your landlord just because they don’t like you? Or, perhaps, are you a landlord who is struggling with difficult tenants and wondering if eviction is the only option? Whatever may be the case, this blog post is for you. In this article, we’ll explore the legality of evicting someone on personal grounds and answer the burning question: Can a a tenant they don’t like? So, let’s delve into it!
The answer may surprise you!
The answer may surprise you! While a landlord cannot evict a tenant solely because they don’t like them, there are several other reasons why a landlord may choose to evict a tenant. Some of these reasons include: the tenant is not paying rent, the tenant is causing damage to the property, or the tenant is disruptive to other tenants. If a landlord has one of these valid reasons for wanting to evict a tenant, they can begin the eviction process by giving the tenant a notice to vacate.
Landlord-tenant law
In the Australia states of Western Australia and Queensland, landlords are allowed to evict tenants for any reason that is not illegal (such as discrimination or harassment). In all other Australian states, landlords are only allowed to evict tenants for legal reasons (such as not paying rent or, landlord-tenant law is primarily governed by state law. Landlords and tenants should be familiar with their state’s law in order to avoid misunderstandings or disputes.
There are a few exceptions, but generally speaking, a landlord cannot evict a tenant simply because they don’t like them. The most common reason for eviction is non-payment of rent, but other grounds may include damage to the property, excessive noise, or disruptive behavior.
If a landlord does attempt to evict a tenant without cause, the tenant may have legal recourse. For example, the tenant could file a complaint with the local housing authority or small claims court. It’s always best to consult with an attorney before taking any legal action.
Can a Landlord Evict for Retaliatory Reasons?
It’s important to know that landlords cannot evict a tenant simply for standing up for their rights. If, for example, a tenant reports unsafe conditions or files a complaint with a local council or tenant association, the law protects them from being removed in retaliation. Retaliatory eviction—meaning an eviction that occurs because the tenant has asserted their legal rights—is unlawful in most Australian states and territories.
If you suspect that your landlord is trying to evict you because you asked for repairs, reported health or safety violations, or joined a tenants’ union, you may be protected under tenant protection laws. In cases like these, tenants can often challenge the eviction in court or lodge a complaint with organisations such as Tenants’ Unions or the relevant residential tenancies authority in their state.
Landlords should always ensure their decisions are based on legitimate grounds, rather than personal grievances or retaliation, to avoid legal complications.
What is a periodic tenancy, and how does it work in Australia?
You might be wondering what happens if you don’t have a written lease, or if your fixed-term rental agreement has expired. In Australia, this is where periodic tenancy steps in. A periodic tenancy is essentially a rolling arrangement—think of it as a lease without an official end date. It often begins when a fixed-term lease concludes but neither the landlord nor the tenant opts to sign up for a new fixed term. Instead, the tenancy continues automatically, renewing in periods that usually align with how often rent is paid (commonly monthly, but sometimes weekly or fortnightly).
Here’s how it works:
- No fixed end date: The tenancy doesn’t have an expiration date. It keeps rolling on until either the landlord or the tenant decides it’s time to move on.
- Notice required to end: If either party wants out, they must provide notice. The required notice period depends on the reason for ending the tenancy and on the laws in your specific state or territory.
- All other rights and responsibilities remain: Just because you’re on a periodic agreement doesn’t let you—or your landlord—off the hook when it comes to things like paying rent on time, maintaining the property, or following the terms of your original lease.
Whether you’re a tenant who feels more comfortable with a bit of flexibility, or a landlord who wants to keep your options open, a periodic tenancy offers a practical solution once the original lease is up.
When can a landlord evict a tenant?
In most cases, a landlord can evict a tenant only if the tenant has failed to pay rent or has violated the terms of the lease or rental agreement. However, there are some exceptions to this rule. For example, in some states, landlords may be able to evict tenants for engaging in illegal activities on the property, such as drug dealing.
Landlords must also be mindful of specific, lawful reasons for eviction, which generally include:
Unpaid Rent:
If the tenant consistently fails to pay rent, this is a valid and common reason for eviction. Landlords typically issue a notice to remedy the breach, and if the issue continues, the eviction process can begin.
Breach of Tenancy Agreement:
Violations of agreed-upon rules—such as causing damage to the property, excessive noise, or engaging in illegal activities—are grounds for eviction. In the case of joint leases, a breach by one tenant can affect all parties involved.
End of Fixed-Term Lease:
When a fixed-term lease expires and shifts to a periodic tenancy, landlords may choose not to renew. In such cases, they must provide the required notice to terminate the tenancy.
Sale of Property or Major Renovations:
In some situations, landlords can end a tenancy if they intend to sell the property or need to carry out significant renovations or repairs that can’t reasonably be done with tenants still living there. Notice periods and specific legal requirements apply.
In most cases, landlords must give tenants written notice of their intention to evict them before taking any legal action. The amount of time that a landlord must give a tenant varies from state to state, but is usually between three and 30 days. Once a landlord has given the tenant notice, the tenant will typically have to vacate the property within that time frame or face eviction proceedings in court.
Allowing Time for Re-mediation
If the notice provided by the landlord outlines specific corrective actions—such as paying overdue rent, repairing damage, or ceasing disruptive behavior—the tenant is usually given a reasonable period to address these issues. During this time, it’s important for both the landlord and tenant to document any actions taken or changes in behavior. If the tenant remedies the situation within the notice period, eviction may be avoided. However, if the tenant fails to comply, the landlord can proceed with filing an eviction lawsuit.
Reasons for eviction
There are a few reasons why a landlord may evict a tenant they don’t like. The most common reason is if the tenant is not paying rent. Other reasons can include the tenant causing damage to the property, being disruptive to other tenants, or violating the terms of their lease agreement. If a landlord has any of these reasons for wanting to evict a tenant, they must first give the tenant notice and an opportunity to correct the issue. If the tenant does not correct the issue, then the landlord can file an eviction lawsuit with the court.
How to evict a tenant
If you’re a landlord, there may come a time when you have to evict a tenant. Maybe they haven’t been paying their rent, or maybe they’re causing problems for other tenants in the building. Whatever the reason, if you need to evict a tenant, there are certain steps you need to take.
First, you’ll need to give the tenant a notice to vacate. This notice will state why the tenant is being asked to leave and how much time they have to do so. First, you’ll need to give the tenant a notice to vacate. This notice will state why the tenant is being asked to leave and how much time they have to do so If the tenant doesn’t comply with the notice, you can then file an eviction lawsuit with your local court.
Once the lawsuit is filed, a judge will hear both sides of the case and decide whether or not the tenant has to leave. If the judge rules in favor of the landlord, the tenant will be given a certain amount of time to vacate the premises. If they don’t comply with this order, law enforcement can be called in to remove them from the property.
Evicting a Tenant Without a Lease in Australia
Even without a lease, the eviction process in Australia is far from a “free-for-all.” Landlords must still follow the letter of the law, and skipping a step can land you in hot water fast. Here’s how to navigate this tricky situation without tying yourself in procedural knots.
1. Check Your State’s Legislation
Eviction rules are a patchwork across Australia—what works in Victoria may not fly in New South Wales. Begin by reviewing the specific tenancy laws in your state or territory, as they dictate the process and acceptable reasons for eviction (think non-payment of rent, property damage, or breaches of your verbal agreement).
2. Establish a Legal Reason for Eviction
Without a formal lease, you’re not operating in the wild west. You still need a valid reason, such as failure to pay rent or causing significant disturbance. Personal conflicts or “just a feeling” won’t cut it.
3. Prepare and Issue Written Notice
Even if you’re parting ways with a handshake instead of a contract, you must provide a written notice to vacate. This letter should clearly state why the tenant is being asked to leave and how long they have before you take things further. The notice period differs from state to state, so double-check to avoid missteps.
4. Deliver the Notice Properly
Don’t just slip it under the door and hope for the best. Notices must be delivered following the rules—usually in person, by registered post, or by another approved method. Hang on to proof that it was received, because if things get messy, you’ll want the receipt.
5. Allow Time for the Tenant to Act
If your notice lists actions the tenant could take to remedy the issue (like paying overdue rent), give them a reasonable window to make things right. Document any communication or attempts at compliance—paper trails are your friend.
6. If Needed, Apply to the Tribunal or Court
Should the tenant dig in their heels and refuse to leave, your next step is to apply for an eviction order at your local tribunal or court—the Victorian Civil and Adminis trative Tribunal (VCAT), New South Wales Civil and Administrative Tribunal (NCAT), or the equivalent in your state. They’ll review your case and make the final call.
Evicting a tenant is never enjoyable, but following the correct procedure not only protects your property, it also keeps you on the right side of the law.
Conclusion
In conclusion, the answer to the question of whether or not a landlord can evict a tenant they don’t like is no. Landlords must adhere to strict laws and regulations when it comes to evicting tenants from their rental units. If these rules are not followed, landlords could find themselves facing legal action from their tenants. It’s important for landlords to understand all relevant laws so that they can ensure that their tenants are treated fairly and protected under the law while living in their property.
