Retaliatory eviction

< Back to list

If the lessor, agent or provider wants you to move out they must give you a Notice to Leave with the correct notice or must apply to the Tribunal for a termination order.

A lessor, agent or provider cannot give you a Notice to Leave without grounds, in retaliation for something that you have done to pursue your rights. Pursuing your rights includes:

  • Applying to the Tribunal or planning to apply to the Tribunal,
  • Making a complaint to a government body about something the lessor, agent or provider has done, or not done, which has affected you.
  • Taking some other action to enforce your rights.
  • Having a Tribunal order in force in relation to the agreement.

If you are given a Notice to Leave without grounds and you believe the notice was given in retaliation for you pursuing your rights, you can apply to the Tribunal to dispute the notice. This is a direct application to the Tribunal for an urgent hearing.

You are not required to fi rst apply to the RTA Dispute Resolution Service before you apply to the Tribunal. In general tenancies, you must apply to the Tribunal within 4 weeks of receiving the Notice to Leave. In rooming accommodation, you must apply to the Tribunal within 2 weeks.

Next Page>


Information supplied courtesy of the Tenants Union of Queensland Inc

Further information and advice for Queensland tenants can be sourced from www.tuq.org.au