Breaches of the tenancy agreement, apart from not paying rent, your tenant may be breaking or have broken inlcude:
- keeping a cat or dog on the premises when this is not allowed or has not been approved by you.
- sub-letting to others where you have not agreed
- not keeping the property reasonably clean
- causing damage to the property
- changing the locks without approval
- causing a nuisance to neighbours
- failing to water or maintain the lawns or
- using the premises for an illegal purpose or for business purposes without your approval.
NSW: A notice of termination may be given at any time if your tenants seriously or persistently breach a term of the agreement, in which case 14 days Notice to Leave is required.
QLD: A Notice of Remedy to Breach (form 11) must be issued to ensure your tenant is aware of any breach of the tenancy agreement. Should the tenant not rectify the breach, 14 days notice is required using a Notice to Leave (form 12) for the tenant to vacate.
If you have requested your tenant fix a significant breach (such as using the property for an illegal purpose) with a Notice to Remedy Breach (Form 11), you are allowed to enter within a 2 week period of the expiry of the Form 11 to check that the breach has been fixed.
VIC: A Notice for a Breach of Duty to Tenant/s of Rented Premises Form must be issued to ensure your tenant is aware of any breach of the tenancy agreement. Should the tenant not rectify the breach immediate notice can be given when a:
- Tenant or visitor causes malicious damage to the property or common areas
- Tenant or a visitor has put neighbours in danger
- Rented property is totally destroyed, partly destroyed and unsafe or unfit to live in…
using a Giving Notice to Vacate to Tenant/s of Rented Premises Form
WA: Notify your tenant of the breach of the agreement by giving a Notice of Breach of Agreement – by Tenant (form 20)
This gives the tenant 14 full days to rectify the situation. If your tenant fails to rectify the situation within the 14-day period, your next option is to issue a Termination Notice (form 1C). This seeks to end the tenancy no sooner than 7 full days after the notice is received.
If you would prefer to have the tenant rectify the breach rather than terminating the tenancy you may apply to the magistrates court seeking a court order stating the tenant must fix the problem.
NT: the tenant must be given a Notice to Remedy Breach by Tenant Form (RT04a). If the tenant does not remedy the breach then the Landlord should apply to the Commissioner or a court for an order of termination of the tenancy and possession of the property, no later then 14 days after the remedy of breach was issued.
TAS: Notify your tenant of the breach of the agreement in writing. This gives the tenant 28 full days to rectify the situation.
If your tenant fails to rectify the situation within the 28-day period, an immediate
Notice to Leave may be given.
SA: After issuing your tenant with a Notice to Tenant to Remedy Breach (form 2) the tenant must be given at least 7 days to fix the breach and then a further 7 days thereafter to vacate if they do not fix the breach.