The Eviction Process in Tasmania: Notices to Vacate
A landlord's guide to ending a tenancy in Tasmania, covering the exact notice periods for unpaid rent, lease breaches, and the end of a fixed term.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: April 2026.
Ending a residential tenancy in Tasmania—legally governed by a Notice to Vacate served by the owner—requires strict adherence to the Notice of Termination standards defined in Section 40 of the Residential Tenancy Act 1997.
A landlord cannot force a tenant out, change the locks, or cancel utilities. If a tenant refuses to leave after a valid Notice to Vacate expires, the landlord must apply to the Magistrates Court of Tasmania for a formal order of possession.
Serving a Notice to Vacate
To end a tenancy, a landlord must serve a written Notice to Vacate. This notice is a statutory "Notice of Termination" and must explicitly state the correct legal reason (grounds) for the eviction and provide the precise statutory notice period.
If the calculation of "clear days" (excluding the day of service and the day of effect) is wrong by even a single day, the notice is invalid, and the Magistrates Court will dismiss the application.
1. End of a Fixed-Term Lease
If a landlord wants the tenant to leave at the end of their signed lease agreement, they cannot simply assume the tenant will hand over the keys on the final date.
- Notice Period: Minimum 42 days' written notice.
- The 60-Day Window: A Notice to Vacate for the end of a fixed term is only valid if served within the 60 days preceding the end of the term (RTA 1997 s 42(1)(d)). If the landlord fails to serve notice within this window, the lease rolls over into a periodic tenancy.
2. Unpaid Rent
When a tenant falls into rent arrears, the landlord can initiate eviction proceedings.
- Notice Period: Minimum 14 days' written notice.
- The "Three Strikes" Cure Rule (s 43(2)): A Notice to Vacate for rent arrears is automatically voided if the tenant pays all outstanding rent before the notice period expires. However, this protection only applies twice in any 12-month period. If a tenant is served a third valid notice for unpaid rent within 12 months, the landlord is not required to accept payment to cancel the notice and can proceed with eviction.
Note on Mortgagee Possession: If a bank is selling the property due to foreclosure, the notice period is 60 days (RTA 1997 s 42(1)(da)).
3. General Breaches of the Lease
If the tenant breaches a specific clause of the lease (e.g., harboring unauthorized pets, severely damaging the property, or causing a severe nuisance to neighbors).
- Notice Period: Minimum 14 days' written notice.
4. The Prescribed Grounds (Periodic Leases Only)
If the lease is periodic, a landlord cannot evict "without grounds." They must use one of the Prescribed Grounds under Section 42(1):
- Sale of Property: 42 days. Must include proof of an agreement to sell.
- Change of Use: 42 days. Premises to be used for a purpose other than a residence.
- Renovations/Repairs: 42 days (or 28 days if specifically for substantial repairs/renovations under s 42(4)(c)(ii)).
- Owner/Family Occupation: 42 days. Requiring the property for the owner or an immediate family member.
in
Rent Falls Into Arrears
Tenant misses rent. Landlord documents the default immediately.
14-Day Notice to Vacate
Landlord serves Notice of Termination giving 14 clear days to leave or pay.
Cure Period (Strikes 1 & 2)
If tenant pays ALL arrears before expiry, notice is voided (limit 2 per 12 months).
Strike 3 Scenario
If it is the 3rd notice in 12 months, the landlord can reject payment and proceed to court.
Magistrates Court
If tenant remains, landlord applies for a formal possession order.
The Magistrates Court Process
If the Notice to Vacate expires and the tenant refuses to leave the premises (becoming a "holdover" tenant), the landlord must not attempt a DIY "lock-out" eviction. This is a criminal offense.
The landlord must instead formally apply to the Magistrates Court of Tasmania to seek an order of possession.
- The Hearing: The magistrate will review the validity of the Notice to Vacate. If the notice periods were calculated correctly and the grounds for eviction are legally sound, the magistrate will issue a vacant possession order.
- Execution: If the tenant still refuses to leave after the court order, law enforcement (bailiffs/police) will execute the order and physically remove the tenant.
Automating Tasmania's Complex Timelines
Calculating "clear days" for a 42-day notice period while factoring in postal delivery delays is a common stumbling block that invalidates many evictions. Landager helps you generate mathematically perfect, legally compliant notices, logging digital service records to ensure your applications to the Magistrates Court are administratively watertight.
Common Misconceptions in
Don't fall for these common myths. Know what the law actually says.
"If my tenant is one day late on rent, I can immediately issue a Notice to Vacate."
True, but if it is the first or second notice in 12 months, the tenant can void it by paying the arrears before the notice expires.
"I can change the locks if the tenant refuses to leave after the notice expires."
False. Self-help evictions are criminal offenses. You must obtain a vacant possession order from the Magistrates Court.
"A fixed-term lease automatically ends on the expiry date without any notice."
False. You must provide 42 days’ written notice served specifically within the 60 days before the lease ends.
Frequently Asked Questions:
Under Section 40, any notice of termination must be in writing, signed by the person giving it, specify the date of effect, and state the grounds for termination. For landlords, Section 42(4) mandates that the Notice to Vacate follow these Section 40 requirements.
No. The automatic cure provision in Section 43(2) is specific to rent arrears. For general breaches (e.g., unauthorized pets), the landlord may still choose to accept a cure, but the statutory automatic voiding mechanism is a protection for rent defaults specifically.
If you serve the 42-day notice more than 60 days before the end of the term, it is legally invalid. The window for service is strictly the 60-day period preceding the expiry date.
Sources & Official References
📬 Get notified when these laws change
We'll email you when landlord-tenant laws update in No spam — only law changes.
