Eviction Notice Tasmania: Complete Guide for Landlords

If you’re a self-managing landlord in Tasmania and you need a tenant to leave your property, the rules are precise and unforgiving. The Residential Tenancy Act 1997 (the Act) sets out the only ways a tenancy can end, the only grounds you can rely on, and the exact notice periods you must give. Get any of it wrong and your notice is either invalid on the spot or vulnerable to challenge — and you cannot regain possession of the property by any other means.

There is no “without grounds” termination in Tasmania. Even at the end of a fixed term, you must serve a properly drafted Notice to Vacate citing a valid ground from Section 42 of the Act, and you must give the correct number of days. If the tenant does not leave by the date the notice takes effect, your only lawful next step is to apply to the Magistrates Court of Tasmania for a vacant possession order — you cannot change the locks, cut services, or physically remove the tenant. Doing so is an offence under Section 37(2) of the Act, carrying a significant financial penalty.

This guide covers everything a self-managing landlord needs to know about ending a tenancy in Tasmania — from the grounds available under Section 42, through notice periods under Section 43, the prescribed form under Section 44, the Magistrates Court process under Section 45, abandonment and early vacation under Sections 46–48, and the common mistakes that make notices fail.

If you’re dealing with a tenancy that may end in formal notice, keep the Tasmania lease agreement guide and broader Tasmania residential tenancy act guide guides nearby. If money is likely to be disputed at the end, our Tasmania rental bond guide guide is the next page to read.

The Two Notices in Tasmania

Tasmania uses two distinct notices, and it matters which one you are dealing with.

A Notice to Vacate is the notice an owner serves on a tenant requiring the tenant to deliver vacant possession of the premises. It is governed by Section 42 of the Act and is the document at the centre of every owner-initiated termination. The form is published by the Magistrates Court of Tasmania and is the prescribed format owners must use.

A Notice to Terminate is the notice a tenant serves on an owner to end the tenancy. It is governed by Section 38 of the Act and is used when, for example, a tenant on a non-fixed term lease wants to leave, or when a tenant ends the tenancy because the owner has failed to do necessary repairs.

If you are the owner, you serve a Notice to Vacate. The Notice to Terminate is not your form. This guide focuses on the owner’s Notice to Vacate and what happens after.

How a Tenancy Can End in Tasmania

Section 37(1) of the Act lists the only ways a residential tenancy agreement can be terminated. Those are: by mutual agreement (the tenant delivers vacant possession because both parties agreed to end the lease); following a Notice to Vacate served by the owner; following a Notice to Terminate served by the tenant; by order of the Magistrates Court or the Residential Tenancy Commissioner (under the COVID-19 hardship provisions in Section 38A); by a Family Violence Order made under Section 17 of the Family Violence Act 2004; by a closure order under Section 87 of the Public Health Act 1997; by the death of a sole tenant; or by the owner recovering vacant possession following abandonment or early vacation.

Section 37(2) is the hard-edged companion provision: an owner must not regain, or attempt to regain, possession by any means other than those listed in Section 37(1). Changing the locks, removing the tenant’s belongings, cutting off services, or any other form of self-help is a criminal offence carrying a significant financial penalty, regardless of how aggrieved you feel or how badly the tenant has behaved. The lawful pathway is the only pathway.

When You Can Serve a Notice to Vacate (Section 42)

Section 42(1) is the exhaustive list of grounds on which an owner may serve a Notice to Vacate. If your reason is not on this list, you cannot serve a notice — and any notice citing a ground that isn’t in Section 42 is invalid.

The grounds available to private (non-social-housing) landlords are:

• Section 42(1)(a) — Failure to comply with the agreement. The tenant has breached a term of the residential tenancy agreement. This is the ground used for rent arrears (subject to the special rules in Section 43(2)) and for any other breach such as unauthorised pets, damage, or unapproved occupants. Note that this ground is unavailable for rent arrears notices given during a COVID-19 emergency period — Section 42(4A) carves out that exception.
• Section 42(1)(b) — Sale, change of use, significant renovations, or family member residence (non-fixed term only). If the agreement is not for a fixed period, you may serve a notice on the basis that the premises are to be sold or transferred to another person; are to be used for a purpose other than residential rental; significant renovations are to be performed; or the premises are to be used as a residence by a member of your family.
• Section 42(1)(d) — Fixed term about to expire. A fixed term residential tenancy agreement is due to expire not more than 60 days after service of the notice. This is the ground you use to end a fixed term tenancy at expiry.
• Section 42(1)(e) — Foreclosure under the Land Titles Act 1980. A foreclosure order has been made under Section 86 of the Land Titles Act 1980 in respect of the premises.
• Section 42(1)(f) — Mortgagee sale under the Land Titles Act 1980. The premises are to be sold pursuant to Section 78 of the Land Titles Act 1980 (lender-initiated sale to recover money owed).
• Section 42(1)(g) — Substantial nuisance. The tenant has caused nuisance at the premises that is substantial.

Additional grounds in Section 42(1)(da)–(dd) apply only to social housing and are not available to private landlords.

The “Significant Renovations” Definition

Section 42(1A) defines what “significant renovations” means for the purposes of Section 42(1)(b)(iii). The renovations must be of a kind that either makes the premises unfit for occupation while the work is being carried out, or, if the tenant remained, would create a risk to the health or safety of any tenant, visitors, or persons carrying out the renovations. Cosmetic refurbishment that the tenant could live through does not meet this threshold and will not support a Notice to Vacate on this ground.

The “Member of the Family” Definition

For the family-residence ground in Section 42(1)(b)(iv), Section 42(5) defines a “member of the family of the owner” as the owner’s domestic partner, son, daughter, or parent; a parent of the owner’s domestic partner; or another person who normally lives with the owner and is wholly or substantially dependent on the owner. A cousin, sibling, or friend is not a “member of the family” for this purpose.

Notice Periods Under Section 43

Section 43(1) sets the minimum number of days each notice must give. The period varies according to the ground:

• At least 14 days for a notice on the ground of breach of agreement under Section 42(1)(a) or substantial nuisance under Section 42(1)(g) (Section 43(1)(a)).
• At least 42 days for a notice on any of the non-fixed-term Section 42(1)(b) grounds — sale, change of use, renovations, or family-member residence (Section 43(1)(ba)).
• At least 42 days for a notice on the ground of fixed-term expiry under Section 42(1)(d), but the notice cannot take effect before the date the agreement expires (Section 43(1)(c)).
• At least 60 days for a notice on either Land Titles Act ground — foreclosure or mortgagee sale — under Section 42(1)(e) or (f) (Section 43(1)(d)).

These are minimums, not targets. You can give more notice if you wish. The “days” are clear days — the day of service and the day the notice takes effect do not count, and the period in between includes weekends and public holidays. However, a notice cannot take effect on a public holiday; if the date written on the notice falls on one, the date is automatically pushed to the next non-public-holiday day.

What Happens If You Get the Notice Period Wrong

Sections 43(3B) and 43(3C) protect notices that specify a date too soon, but only in a limited way. If the notice specifies an effective date that is earlier than the minimum the Act requires, the notice is not invalid for that reason — it simply takes effect on the day after the minimum period would have expired. So a 14-day breach notice that says “vacate in 7 days” still works, but it takes effect on day 15, not day 8.

This rule does not save notices that fail in other ways — wrong ground, missing information under Section 44, or service problems will still invalidate the notice.

What the Notice to Vacate Must Contain (Section 44)

Section 44 prescribes the content. Every Notice to Vacate must state:

• the date the notice is served;
• the name of the tenant;
• the name of the owner;
• the residential premises to which the notice relates;
• the details of the reason for which the notice is served;
• the date on which the notice takes effect.

The “details of the reason” element is more demanding than it sounds. CBOS guidance is explicit that for a rent arrears notice you should state the full amount of rent that will be due on the date the notice is to take effect. For a sale notice, the obligation goes further — see the next section on Section 43(3A).

The Notice to Vacate form published by the Magistrates Court of Tasmania is the prescribed format that satisfies Section 44 if completed correctly. Use it. A homemade notice that omits any of the Section 44 elements is invalid.

The Sale Notice Special Rule (Section 43(3A))

Section 43(3A) is one of the most commonly missed provisions in Tasmanian tenancy law. A Notice to Vacate on the ground that the premises are to be sold or transferred is of no effect unless there is served with the notice proof of an agreement to sell or transfer the premises.

The proof must accompany the notice itself — not arrive later, not be referenced in the notice, but be physically served alongside it. CBOS guidance suggests a de-identified contract for sale is appropriate. A handshake deal, a verbal agreement, or a marketing campaign without a signed contract will not satisfy the requirement.

If you serve a sale notice without proof of agreement, the notice has no effect at all. The 42 days do not start running. The tenant is entitled to ignore the notice without consequence. If you discover the omission later, you will need to serve a fresh notice with the proof attached and start the 42-day clock again.

The Rent Arrears Two-Strikes Rule (Section 43(2))

Rent arrears notices are governed by a special rule that catches a lot of self-managing landlords by surprise. Section 43(2) provides that a Notice to Vacate on the ground of failure to pay rent is of no effect if the tenant pays all the arrears in rent before the notice takes effect — but only for the first two such notices in a rolling 12-month period.

The rule operates as a “two strikes” mechanism. The first time you serve a rent arrears notice in any 12-month window, the tenant can defeat it by paying the arrears in full before the notice takes effect on day 15 or later. The second time, the same applies. The third time you serve a rent arrears notice in the same 12-month period, payment of the arrears does not save the tenant — the notice takes effect and you can apply to the Magistrates Court for vacant possession even if the tenant pays in full.

This is why accurate, contemporaneous record-keeping of every rent arrears notice you serve is essential. If a tenant has a pattern of paying late and then catching up after a notice, the third notice is the one that ends the tenancy. Without a record, you cannot prove which notice is the third in a 12-month period, and the Court cannot rely on the Section 43(2) carve-out.

There is an additional carve-out in Section 43(2A) for tenants whose arrears are subject to a rent arrears payment order made under Section 24A(4) (the COVID-19 hardship provision). If such an order is in force, has not been set aside, and the tenant is meeting its conditions, a rent arrears notice is of no effect regardless of whether it is the first, second, or third notice in the 12-month period.

The Breach Cure Right (Section 43(3))

For non-rent breaches of the agreement, the tenant has a right to cure. Section 43(3) provides that a Notice to Vacate on the ground that the tenant has failed to comply with a provision of the agreement is of no effect if the tenant complies with that provision before the 14-day notice period expires.

In practice, this means a notice for an unauthorised pet, an unapproved occupant, an unmaintained garden, or any other non-rent breach can be defeated if the tenant rectifies the issue before day 15. If the tenant removes the pet, evicts the unapproved occupant, or restores the garden before the notice takes effect, the notice is of no effect and the tenancy continues.

The cure right under Section 43(3) does not apply to rent arrears (which has its own scheme under Section 43(2)) or to substantial nuisance under Section 42(1)(g) — once substantial nuisance has occurred, the tenant cannot “undo” it by promising future good behaviour.

The 28-Day Notice Expiry Rule (Section 43(4))

A Notice to Vacate has a finite shelf life. Section 43(4) provides that a Notice to Vacate expires after the period of 28 days from the day on which it took effect. This 28-day window is the period in which you must apply to the Magistrates Court for a vacant possession order if the tenant has not left.

If you let the 28-day window lapse without applying to the Court, the notice dies. To pursue possession, you must serve a fresh Notice to Vacate, wait the full notice period again, and only then apply to the Court within 28 days of the new notice taking effect. Missing the 28-day deadline is one of the most expensive procedural errors a self-managing landlord can make — at minimum, it adds another 14 to 60 days of delay, plus the cost of preparing and serving a second notice.

Set a calendar reminder the day you serve any Notice to Vacate: notice takes effect, and Court application deadline 28 days later.

If the Tenant Does Not Vacate: The Magistrates Court Process

If the notice has taken effect and the tenant has not delivered vacant possession, you cannot regain possession yourself. Your only lawful next step is to apply to the Magistrates Court of Tasmania for a vacant possession order under Section 45 of the Act.

Filing the Application

You apply by completing the Residential Tenancy Application form published by the Magistrates Court and lodging it with your local court. The form is the same form used for most owner-initiated tenancy applications, including urgent termination applications and abandonment orders. Lodge the form at the Magistrates Court registry that covers the property’s location.

Section 45(2) requires you to serve a copy of the application on the tenant a reasonable time before the hearing. CBOS guidance is that this should be done as soon as possible after lodgement.

What the Court Considers

Section 45(3) directs the Court to make a vacant possession order if it is satisfied that:

• the Notice to Vacate was properly given (Section 45(3)(a));
• the reason for serving the notice was genuine or just (Section 45(3)(b));
• vacant possession was not delivered to the owner (Section 45(3)(c));
• the tenant was served with a copy of the application (Section 45(3)(d)).

The “genuine or just” test in Section 45(3)(b) gives the Court room to scrutinise your reason. If you served a Section 42(1)(b)(iv) “family member residence” notice but the family member never moves in, or you served a Section 42(1)(b)(i) sale notice but the property is not actually for sale, the Court can refuse the order on the basis that the reason was not genuine.

Section 45(5) defines what “properly given” means: the notice states the information required under Section 44 (with the saving provision for incorrectly stated dates under Section 43(3B) or (3C)), and the tenant was served with the notice.

The Order and What Comes Next

If the Court is satisfied, it makes a vacant possession order under Section 45(4) specifying the date the order takes effect. The order is the legal authority for you to recover possession. If the tenant still does not leave after the date specified in the order, enforcement is a matter for the Court — not for self-help. The Magistrates Court process for enforcing a possession order is governed by the Magistrates Court (Civil Division) Act 1992 and may involve a warrant of possession.

Urgent Termination (Section 41)

Section 41 of the Act provides a separate, accelerated pathway for cases involving serious damage or physical injury. Either party to a residential tenancy agreement may apply to the Court for an order terminating the agreement on the grounds that the other party has intentionally or recklessly caused or permitted, or is likely to cause or permit, serious damage to the residential premises, contents, or any neighbouring premises (Section 41(1)(a)); or has caused or is likely to cause physical injury to the applicant or a person occupying neighbouring premises (Section 41(1)(b)).

If the Court is satisfied as to any of those grounds, Section 41(2) allows it to order that the agreement is terminated on a specified date without notice and that vacant possession be delivered on that day. There is no 14-day waiting period and no Notice to Vacate is required.

This is the pathway for situations where the standard 14-day breach notice would expose the property or other people to ongoing risk — destructive behaviour, serious threats, violence. You apply using the same Residential Tenancy Application form, but you need to supply detailed evidence: dates, descriptions of the damage or threats, photographs, witness statements, police reports if applicable. The Magistrates Court page for property owners notes that the application “must include details and dates of threats, damage and/or physical damage.”

Abandonment and Early Vacation

A tenancy can also end without any notice if the tenant simply walks away. Sections 46 and 47 set out two related but distinct concepts.

Section 46 — Early vacation. Early vacation occurs if the tenant has ceased to occupy the premises; no Notice of Termination has been served; no Notice to Vacate has been served; and the tenant notified the owner of the intention to vacate. In short, the tenant told you they were leaving and left.

Section 47 — Abandonment. Abandonment occurs in the same factual situation but without the notification. The tenant has ceased to occupy, no notices have been served, and the tenant did not tell you they were going.

In both cases, the lease ends under Section 37(1)(e) by the owner recovering vacant possession of the premises. You do not need a Notice to Vacate (Section 42(2)(a) confirms this) and you do not need a Court order. However, the difficulty in practice is establishing that the premises have been abandoned, and getting that wrong leaves you exposed to the Section 37(2) self-help offence if the tenant returns.

The Section 47A Court Order — Permissive, Not Mandatory

Section 47A provides that an owner may apply to the Court for an order declaring that the premises are abandoned. If the Court is satisfied the premises are abandoned, it may make an order to that effect, and Section 47A(3) provides that vacant possession is delivered to the owner as at the date of the order.

The word in Section 47A(1) is “may” — the section is permissive, not mandatory. The Act does not require a Court declaration of abandonment before you can recover possession. But applying for the order is the safest course in any case where there is genuine doubt. Without a Court order, your protection from a Section 37(2) prosecution rests entirely on your own assessment that the premises were in fact abandoned. If you are wrong, you have committed an offence and the tenant may have a claim against you for unlawful eviction.

The CBOS guidance notes the practical reality: “If an owner is not sure whether a tenant has abandoned the property, they can apply to the Magistrates Court for an Order of Abandonment.”

Tenant Liability Following Abandonment or Early Vacation

Section 47B sets out the tenant’s continuing liability. Following abandonment or early vacation, a tenant is liable to the owner for rent payable under the agreement from the date of abandonment or early vacation until either another residential tenancy agreement is entered into, or the date at which the agreement could have been terminated under the Act if no new agreement is entered into. The tenant is also liable for any other loss arising from the abandonment or early vacation under Section 47B(b).

This is the basis for any claim against the bond, or any application to the Residential Tenancy Commissioner for a determination of disputed amounts. The cap on rent liability is the date the lease could lawfully have been brought to an end — you cannot claim rent indefinitely if you do not re-let.

Goods Left Behind

If the tenant leaves goods on the premises that appear to be abandoned, Section 48 governs how you may deal with them. You may dispose of goods that appear to have no value (Section 48(1)(a)) — but you must verify the means of disposal by statutory declaration under Section 48(2). You may sell goods whose apparent value is less than the prescribed amount (Section 48(1)(b)). The prescribed amount is set by Regulation 5 of the Residential Tenancy Regulations 2025 at $300. For goods worth $300 or more, you must apply to the Magistrates Court under Section 48(1)(c) for an order permitting sale at the best price reasonably obtainable.

Proceeds of sale are dealt with in a strict order under Section 48(3): first to any debt the tenant owes the owner; second to the reasonable costs of the sale; third, any balance held in an interest-bearing account for the tenant for six months. If the tenant does not claim the balance within six months, Section 48(4) provides that the proceeds become the property of the Commissioner.

Joint Tenants Who Leave

Section 47C deals with the situation where one of several joint tenants ceases to occupy the premises while the others remain. Once a joint tenant has ceased to occupy, that tenant is not liable for any loss caused by an act or omission of any remaining tenant if the act or omission occurred after the departing tenant moved out. The onus of proving when the loss-causing event occurred sits with the departing joint tenant under Section 47C(2).

For owners, the practical implication is that the departing tenant’s bond contribution is not a free pool you can draw against for damage caused by remaining tenants after the departure date. Document the date the tenant left and the condition of the premises at that point.

If the tenancy ends and money or damage is disputed, our Tasmania rental bond guide guide explains the money and evidence side.

Common Mistakes Landlords Make

Trying to End a Periodic Lease “Without Grounds”

Tasmania has no “without grounds” termination. You cannot give a periodic-tenancy tenant 42 days’ notice to leave because you “just want them out.” Every Notice to Vacate must cite a valid Section 42 ground, and the Court will refuse a vacant possession order if the reason is not genuine. If your real reason does not fit one of the Section 42 grounds, you do not have a lawful basis for the notice.

Forgetting Proof of Sale on a Sale Notice

The Section 43(3A) requirement to serve proof of an agreement to sell with the Notice to Vacate is the most-missed rule in Tasmanian termination law. A sale notice without proof of agreement is of no effect — the 42 days do not start running, and the tenant is entitled to ignore it. Always attach a copy of the signed contract for sale (de-identified if you wish) when you serve the notice.

Miscounting the Notice Period

The notice period is in clear days — the day of service and the day of effect do not count, and the notice cannot take effect on a public holiday. If you write a date that is too soon, Sections 43(3B) and 43(3C) save the notice but push the effective date out. This is not a free pass to be sloppy; it can defer your possession by weeks. Count carefully and pad if in doubt.

Missing the 28-Day Court Application Window

Once a Notice to Vacate takes effect, you have 28 days to apply to the Magistrates Court for a vacant possession order. Miss the window and the notice expires under Section 43(4); you have to start over with a fresh notice. Diary the deadline the day you serve the notice.

Self-Help After the Notice Takes Effect

Locking out the tenant, removing their belongings, or cutting off services after the notice has taken effect is not lawful. Section 37(2) is explicit: the only ways an owner can regain possession are those listed in Section 37(1), and self-help is not one of them. The penalty applies regardless of how clearly the tenant is in the wrong.

Treating Abandonment as Obvious

A few weeks of unpaid rent, an unanswered phone, or a quiet property is not proof of abandonment. The Section 47 test requires the tenant to have ceased to occupy the premises, and the consequences of getting this wrong are severe — re-entering a property whose tenant has not in fact abandoned it is a Section 37(2) offence. When in doubt, apply for a Section 47A order from the Magistrates Court.

Disposing of Tenant Goods Without Process

Goods left behind cannot simply be skipped. Even goods that “look worthless” require a statutory declaration under Section 48(2) verifying how they were disposed of. Goods worth $300 or more require a Court order before sale (Section 48(1)(c) and Regulation 5 of the Residential Tenancy Regulations 2025). Proceeds of any sale must be dealt with in the order set by Section 48(3).

Not Keeping Records of Prior Rent Arrears Notices

The Section 43(2) two-strikes rule only helps you if you can prove this is the third rent arrears notice in a rolling 12-month period. If you cannot produce the prior two notices and the dates they were served, the Court cannot apply the carve-out, and the tenant defeats the third notice by paying the arrears. Keep copies of every notice you serve, with proof of service.

Frequently Asked Questions About Eviction Notices in Tasmania

Can I end a periodic tenancy in Tasmania without giving a reason? No. Tasmania has no “without grounds” termination for owners. Every Notice to Vacate must cite one of the grounds in Section 42(1) of the Residential Tenancy Act 1997 — sale, change of use, significant renovations, family member residence, breach, substantial nuisance, fixed-term expiry, foreclosure, or mortgagee sale. If your reason does not fit one of those grounds, you cannot serve a notice.

How much notice do I have to give? It depends on the ground. 14 days for breach (Section 42(1)(a)) or substantial nuisance (Section 42(1)(g)). 42 days for sale, change of use, renovations, or family-member residence on a non-fixed term lease (Section 42(1)(b)). 42 days for fixed-term expiry (Section 42(1)(d)) — but the notice cannot take effect before the agreement expiry date. 60 days for foreclosure or mortgagee sale (Section 42(1)(e) and (f)). The full schedule is in Section 43(1).

What form do I use for the Notice to Vacate? The Notice to Vacate form is published by the Magistrates Court of Tasmania and is available from magistratescourt.tas.gov.au. The form is the prescribed format that satisfies Section 44 of the Act when completed correctly. Avoid homemade notices — they often miss one of the Section 44 elements and are then invalid.

Can I evict a tenant for being late on rent once? You can serve a 14-day Notice to Vacate for rent arrears under Section 42(1)(a). However, Section 43(2) provides that the first two such notices in any rolling 12-month period are of no effect if the tenant pays all the arrears in full before the notice takes effect. Only the third rent arrears notice in a 12-month period bites regardless of whether the tenant pays. Keep records of every notice — without them you cannot prove the third notice is the third.

Do I have to attach proof of sale to a sale notice? Yes. Section 43(3A) provides that a Notice to Vacate on the ground that the premises are to be sold or transferred is of no effect unless proof of an agreement to sell or transfer is served with the notice. CBOS guidance suggests a de-identified contract for sale is appropriate. Without the proof, the notice has no effect at all and the 42 days do not start.

My tenant has caused damage and I want them out immediately. What can I do? If the tenant has intentionally or recklessly caused (or is likely to cause) serious damage to the property or contents, or has caused or is likely to cause physical injury, you can apply directly to the Magistrates Court for an urgent termination order under Section 41. There is no 14-day waiting period and no Notice to Vacate is required. You must include detailed evidence — dates, descriptions, photos, witness statements — with the Residential Tenancy Application form.

My tenant has stopped paying rent and the property looks empty. Can I just go in and re-let it? Not without serious risk. If the tenant has truly abandoned the premises, the lease ends under Section 37(1)(e) and you do not need a Notice to Vacate or a Court order — but if you are wrong about the abandonment, re-entering the property is an offence under Section 37(2) carrying a significant financial penalty. The safest course is to apply to the Magistrates Court for an Order of Abandonment under Section 47A. The Court declares the premises abandoned and Section 47A(3) provides that vacant possession is delivered to you as at the date of the order.

The tenant didn’t leave by the date on my Notice to Vacate. What’s next? Apply to the Magistrates Court for a vacant possession order under Section 45 of the Act. You complete the Residential Tenancy Application form, lodge it at your local court, and serve a copy on the tenant a reasonable time before the hearing. You must apply within 28 days of the notice taking effect — Section 43(4) provides that a Notice to Vacate expires 28 days after it takes effect, and after that you have to serve a fresh notice and start the clock again.

Can I change the locks if the tenant is behind in rent? No. Under Section 37(2), an owner must not regain or attempt to regain possession by any means other than those listed in Section 37(1). Changing the locks, removing belongings, cutting off services, or any other form of self-help is an offence carrying a significant financial penalty, regardless of how much rent is owed. Lawful possession comes only through delivery by the tenant, a Court order, or genuine abandonment.

The tenant left some furniture behind. What do I do with it? Section 48 governs goods that appear to have been abandoned. If the goods appear to have no value, you can dispose of them but you must verify the means of disposal by statutory declaration (Section 48(2)). If the apparent value is less than $300, you can sell them (Section 48(1)(b) and Regulation 5 of the Residential Tenancy Regulations 2025). If the apparent value is $300 or more, you must apply to the Magistrates Court for an order permitting sale (Section 48(1)(c)). Sale proceeds must be applied first to any debt the tenant owes you, then to the reasonable costs of sale, with any balance held for the tenant in an interest-bearing account for six months (Section 48(3)).

I gave 14 days’ notice but the tenant fixed the breach on day 10. Does the notice still take effect? No. Section 43(3) provides that a Notice to Vacate on the ground of failure to comply with a provision of the agreement is of no effect if the tenant complies with that provision before the 14-day period expires. If the tenant removed the unauthorised pet, evicted the unapproved occupant, or otherwise rectified the breach before day 15, the notice has no effect and the tenancy continues. The cure right under Section 43(3) does not apply to substantial nuisance under Section 42(1)(g).

Can the tenant appeal a vacant possession order? Vacant possession orders made by the Magistrates Court can be challenged through the Court’s own appeal procedures under the Magistrates Court (Civil Division) Act 1992. The Residential Tenancy Act 1997 itself contains a specific appeal route only for orders made under Section 38A (the COVID-19 hardship provisions) — that appeal is to be made within 7 days under Section 38B. For other vacant possession orders, the Magistrates Court should be contacted for appeal procedures.

Do public holidays count in the notice period? The clear days between service and effect include weekends and public holidays — those days count. However, the notice cannot take effect on a public holiday. If the date you write on the notice falls on a public holiday, the actual date of effect is automatically pushed to the next non-public-holiday day. Similarly, you cannot serve a notice on a public holiday — if you do, the time does not start until the next non-public-holiday day.

Can I issue a notice to vacate during a fixed term for any reason? Only on limited grounds. During a fixed term, the available grounds under Section 42(1) are breach (a), substantial nuisance (g), foreclosure (e), and mortgagee sale (f). The non-fixed-term grounds in Section 42(1)(b) — sale, change of use, renovations, family residence — are not available during a fixed term. For those grounds you must wait until the fixed term is in its last 60 days and use Section 42(1)(d) (notice that the agreement is due to expire), or until it has rolled over to a non-fixed term.

Summary

Ending a tenancy in Tasmania is a structured process governed entirely by Part 4 of the Residential Tenancy Act 1997. There is no “without grounds” termination — every Notice to Vacate must cite one of the Section 42 grounds, give the correct number of days under Section 43, contain all the elements required by Section 44, and be followed (within 28 days of taking effect) by an application to the Magistrates Court if the tenant does not leave voluntarily.

The most expensive errors are entirely preventable: forgetting to attach proof of sale on a sale notice (Section 43(3A)); failing to keep records of prior rent arrears notices (which makes the Section 43(2) two-strikes rule unprovable); missing the 28-day Court application window (Section 43(4)); and resorting to self-help in violation of Section 37(2). Each of these mistakes either restarts the clock from zero or, in the case of self-help, exposes you to a criminal offence carrying a significant financial penalty.

The good news is that the rules are knowable and the forms are prescribed. A Notice to Vacate served on the right ground, with the right notice period, in the prescribed form, and followed by a timely Magistrates Court application, will almost always succeed. The Magistrates Court of Tasmania is the single point of contact for vacant possession orders, urgent termination, and abandonment declarations — its property owners page (magistratescourt.tas.gov.au/about_us/civil/residential_tenancy/property_owners) hosts all the forms you need.

Related guides for TAS landlords

If you are building out the full landlord workflow for this state, these guides connect this page to the rest of the tenancy process.

Same-state guides

• Tasmania lease agreement guide
• Tasmania rental bond guide
• Tasmania rent increase guide

Compare eviction and notice guides in other states

• WA eviction notice guide
• NSW eviction notice guide
• QLD eviction notice guide
• VIC notice to vacate guide
• SA eviction notice guide
• ACT eviction notice guide