How can a tenancy agreement be terminated in Tasmania?

Unless earlier terminated, a tenancy agreement for a fixed term expires on the date specified in the agreement. A residential tenancy agreement that has expired may only be extended or renewed within 28 days after it has expired. A residential tenancy agreement for a fixed term may only be extended or renewed by agreement in writing between the landlord and the tenant.

Either party can terminate a tenancy agreement for a non-fixed term by giving at least 14 days written notice, unless the premises are boarding premises, in which case at least 2 days written notice is required. If the landlord wishes to sell, renovate or use the property for another purpose, 90 days' written notice must be given.

On what grounds can a landlord evict a tenant?

The landlord can terminate the tenancy agreement and take possession of the premises for a number of reasons, including:

(a) the tenant has failed to pay the rent;
(b) the tenant has failed to comply with any provision of the tenancy agreement;
(c) the tenant has caused or permitted serious damage to the premises or the landlord's property, or any neighbouring premises;
(d) the tenant has caused or threatened physical injury to the landlord, the agent, or any person occupying neighbouring premises;
(e) the tenancy agreement expired less than 28 days before, or is due to expire at least 28 days after, the service of the notice;
(f) the tenancy agreement is not for a fixed period and the premises are to be sold, renovated or used for another purpose;
(g) the premises are being foreclosed or sold;
(h) the tenant has caused substantial nuisance at the premises.

The landlord is prohibited from seizing the tenant's possessions in lieu of unpaid rent.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.