The landlord or agent can serve a notice to vacate however,only the ACT Civil and Administrative Tribunal (ACAT) can order an eviction, and only the police can carry out the eviction.
An important protection given by the RTA is the prohibition in section 37 against a landlord attempting to recover possession in any other manner than that provided by the Act.
All tenancies in the ACT are regulated by the Residential Tenancies Act 1997 (RTA).
The terms of your tenancy agreement are set out in the RTA and Standard Lease, and are known as the Standard Tenancy Terms (STT). The landlord, or their agent, may only terminate a tenancy agreement in accordance with Part 4 of the RTA, and the STT.
The general effect of the legislation is to ensure that a tenant can only be evicted in the ACT if:
- They have breached the terms of their tenancy agreement; or
- The landlord has other lawful grounds for termination or reason for needing to recover the premises.
A landlord cannot terminate the tenancy just because the agreed fixed term has expired. When a fixed term expires it does not end the tenancy—it just means that the tenancy no longer has a set term, this is called a periodic tenancy. For more information on this check our FAQ
For details about the eviction process go to our factsheet – Eviction in the ACT
IMPORTANT NOTE:Tenants’ Union ACT publishes this website as a free service to the public.
This website provides information about the law designed to help users understand their legal rights and obligations. However legal information is not the same as legal advice (the application of law to an individual's specific circumstances). Although we make all efforts to ensure our information is accurate and useful, we recommend you consult the Tenants Advice Service for advice specific to your circumstances. You are also free to consult an independent solicitor for a second opinion.
Please note that this website is NOT intended to be used as a substitute for specific legal advice or opinions and the transmission of this information is NOT intended to create a solicitor-client relationship between the Tenants’ Union ACT and members of the public.
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