When Tenants Overstay Their Welcome: What Every Landlord Should Know

It’s the kind of situation no landlord wants to face. You’ve issued the right notice, followed every step, and yet the tenant simply refuses to leave. With tighter rental regulations and changing tenancy laws across Australia, handling overstaying tenants incorrectly can cost you time, money, and legal trouble. This guide explains what to do if a tenant won’t vacate and how to navigate the situation lawfully and effectively.

Can you evict a tenant in Australia?

Yes, but only if you follow the correct legal process. Residential tenancy laws differ in each state, and most have recently introduced reforms that limit or remove "no grounds" evictions. You now need a valid reason to end a lease. These can include non-payment of rent, breach of the lease agreement, the end of a fixed-term lease, or if the owner intends to move in or carry out major renovations.

Start with the correct notice to vacate

The first step is issuing a valid notice to vacate. This must clearly explain the reason for ending the lease, give the correct notice period for your location, and be delivered through an accepted method. Mistakes in notice periods or forms can cause delays and may result in the tribunal rejecting your application. Check your state’s tenancy guidelines or get help from a property manager if you are unsure.

What if the tenant ignores the notice?

If the tenant stays beyond the vacate date, the next step is to apply to the relevant state or territory tribunal. In each state, this will differ — for example, VCAT in Victoria, NCAT in New South Wales, or QCAT in Queensland. The tribunal can issue a possession or termination order, which sets a date by which the tenant must legally leave the property.

What if the tenant still won’t leave?

If the tenant refuses to vacate after the order is made, you can apply for a warrant of possession. This authorises a court-appointed official, such as a sheriff or bailiff, to carry out the eviction. Only authorised officers can perform the eviction. Landlords are not allowed to change locks, remove belongings, or attempt to remove the tenant themselves. Doing so could result in legal consequences.

What happens to the tenant’s belongings?

Rules for dealing with items left behind vary by state. In most cases, landlords must store any valuable possessions for a certain period unless they are clearly rubbish or unsafe. Make sure you document everything with photos and store any required items securely until you are legally allowed to dispose of them.

Does landlord insurance cover this situation?

Some landlord insurance policies include cover for loss of rent during eviction delays. This is often called denial of access cover. Not every policy includes it, so check if yours does. Look for how many weeks of rent are covered, whether legal costs are included, and what documentation you will need to make a claim. To be eligible, you must follow the legal process in full, including applying to the tribunal and obtaining formal orders.

Final inspection and claiming the bond

After gaining possession of the property, carry out a detailed final inspection. Compare it against your original condition report and take updated photos or videos as evidence. If there is unpaid rent or damage, you can apply to your state’s bond authority to have some or all of the bond refunded to cover your losses.

How to avoid this situation in future

Tenant disputes can’t always be prevented, but having strong processes in place reduces the risk. Carefully screen applicants, keep thorough records, inspect the property regularly, and act early if issues arise. A professional property manager can help ensure every step is handled properly and that your interests as a landlord are protected.

Need expert support with difficult tenants?

Club Property Management can guide you through tenancy issues, eviction processes, and every stage of managing your investment property. If you are dealing with a tenant who won’t vacate or simply want experienced professionals handling your rental, we are here to help.

Contact us or email us at leasing@clubpropertymanagement.com.au for expert support and peace of mind.