Can my landlord evict me without going to the tribunal in Tasmania?
No, your landlord cannot legally evict you without obtaining an order from the Magistrates Court of Tasmania. If you do not leave after receiving a Notice to Vacate, they cannot physically remove you or change the locks without a formal court order.
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How it works in practice
The Eviction Process in Tasmania
In Tasmania, a landlord cannot simply kick you out, change the locks, or throw your belongings onto the street. These actions are known as illegal lockouts and are strict offences under the Residential Tenancy Act 1997.
Issuing a Notice to Vacate
If your landlord wants you to leave, they must first issue a legally valid "Notice to Vacate." This document must state a specific, lawful reason for the eviction, such as rent arrears, the end of a fixed-term lease, or the sale of the property. It must also provide the correct amount of notice days required by law.
The Role of the Magistrates Court
If you do not move out by the date specified on the Notice to Vacate, your tenancy does not automatically end. Your landlord still cannot physically remove you. Instead, they must apply to the Magistrates Court of Tasmania for an "Order of Possession."
During this court process, you will have the opportunity to present your side of the story and argue against the eviction. Only a court-appointed bailiff or police officer can physically enforce an Order of Possession. You must continue paying your rent while waiting for the court hearing.
Important exceptions
There are virtually no exceptions that allow a landlord to bypass the Magistrates Court if you refuse to leave. Self-help evictions are universally illegal in Tasmania.
However, an exception to the standard eviction timeline occurs if the property is deemed entirely uninhabitable, or if you cause severe, deliberate damage or pose a direct physical threat to the landlord or neighbors. In these extreme cases, the landlord can apply for an urgent eviction order.
Even in these urgent scenarios, the landlord still cannot forcefully remove you themselves. They are strictly required to obtain an expedited court order.
What you should do now
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Do not move out immediately if your landlord tells you to leave verbally; insist on receiving a formal, written Notice to Vacate.
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Check the Notice to Vacate carefully to ensure it includes a legally valid reason and provides the correct amount of notice required by Tasmanian law.
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Continue paying your rent on time and keep records of all payments, as failing to pay can give the landlord additional legal grounds to evict you.
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Contact the Tenants' Union of Tasmania or a legal aid service immediately to get advice specific to your situation and help reviewing your notice.
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Attend the Magistrates Court hearing if your landlord applies for an Order of Possession, bringing all your evidence, communications, and rent receipts to defend your case.
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