Real Estate & Property Lawyers › Landlord & Tenant
Landlord & Tenant Lawyers — Know Your Rights. Enforce Them.
Residential tenancy disputes — bond disputes, unlawful evictions, rent arrears, property damage claims, and lease termination — are governed by state Residential Tenancies Acts and decided by NCAT (NSW), VCAT (Victoria), QCAT (Queensland), and equivalent tribunals in other states. A lawyer represents landlords and tenants in tenancy matters — enforcing rights on both sides of the tenancy relationship.
⚠ Bond claims at NCAT must be filed within 3 months of the tenancy ending in NSW. Termination notices must comply strictly with the relevant Residential Tenancies Act — a defective notice is invalid and the eviction cannot proceed. Get advice on your rights now.
Tenancy Matters We Handle
From bond disputes to evictions — representing landlords and tenants.
Bond Disputes
Where a landlord claims all or part of the bond at the end of a tenancy, or a tenant disputes deductions from the bond, a lawyer represents either party in bond proceedings before the relevant tribunal. In NSW, Fair Trading holds the bond and NCAT determines disputed bond claims. A lawyer advises on the evidence required to support or defend a bond claim — including condition reports, photographs, and repair invoices.
Eviction & Termination
A landlord who wants to terminate a tenancy must follow the strict procedural requirements of the relevant Residential Tenancies Act — including issuing the correct termination notice with the correct notice period, specifying the correct grounds for termination, and applying to the relevant tribunal for a termination and possession order where the tenant does not vacate. A defective termination notice is invalid — the eviction cannot proceed until a valid notice is served and the required period expires.
Rent Arrears
Where a tenant fails to pay rent, a landlord can issue a termination notice for non-payment of rent (under each state's Residential Tenancies Act), apply to the relevant tribunal for a termination and possession order, and seek a debt order for the unpaid rent. A lawyer manages the rent arrears process — from the termination notice through to enforcement of the tribunal's debt order.
Property Damage Claims
At the end of a tenancy, a landlord can claim compensation from the tenant for damage to the property beyond fair wear and tear. A lawyer advises on what constitutes damage (as opposed to fair wear and tear), the evidence required to support a damages claim, and the tribunal process for recovering compensation. Tenants can also claim compensation from landlords who fail to maintain the property in a reasonable state of repair.
Lease Breaches & Repairs
Both landlords and tenants have obligations under the tenancy agreement and the relevant Residential Tenancies Act. Landlords must keep the property in a reasonable state of repair. Tenants must not cause damage and must allow access for repairs. A lawyer advises on breach of lease obligations — issuing breach notices, applying for compensation orders, and defending breach claims before the relevant tribunal.
Domestic Violence Tenancy Provisions
All Australian states have provisions in their Residential Tenancies Acts allowing a tenant who is a victim of domestic violence to terminate their tenancy immediately — without a termination notice period and without penalty for breaking the lease early. A lawyer advises on the domestic violence tenancy provisions — including the evidence required (such as a police report, protection order, or medical report) and the process for exercising the right to terminate.
The Legal Framework
Residential tenancy law — state Residential Tenancies Acts.
NSW — Residential Tenancies Act 2010 and NCAT
In NSW, residential tenancy is governed by the Residential Tenancies Act 2010. The NSW Civil and Administrative Tribunal (NCAT) — Consumer and Commercial Division — has jurisdiction over tenancy disputes, including bond claims, termination applications, rent arrears, and compensation orders. NCAT applications can be made online and hearings are conducted by Tribunal Members who are not judges. A lawyer representing a party at NCAT must obtain leave to appear in some proceedings — though representation is generally permitted in complex matters or where the amount in dispute is significant.
Victoria — Residential Tenancies Act 1997 and VCAT
In Victoria, the Residential Tenancies Act 1997 governs residential tenancy. Victoria's Residential Tenancy Bond Authority (RTBA) holds bonds. Tenancy disputes are heard by the Victorian Civil and Administrative Tribunal (VCAT) — Residential Tenancies Division. Victoria introduced significant reforms in 2021 — including no-fault eviction protections (a landlord cannot terminate a periodic tenancy without a reason), minimum standards for rental properties, and rent increase restrictions. A lawyer advises Victorian landlords and tenants on the 2021 reforms and their rights under the current legislation.
Queensland — Residential Tenancies Act 1994 and QCAT
In Queensland, the Residential Tenancies and Rooming Accommodation Act 2008 governs residential tenancy. The Residential Tenancies Authority (RTA) holds bonds and provides dispute resolution services. QCAT hears tenancy disputes where the RTA's dispute resolution process does not resolve the matter. Queensland introduced minimum housing standards in 2023 — setting minimum requirements for rental properties in Queensland covering weatherproofing, plumbing, fixtures, windows, and security. A lawyer advises Queensland landlords and tenants on compliance with the minimum housing standards and their rights under the current legislation.
Termination notice periods — state by state
The notice period required to terminate a residential tenancy varies by state and by the ground for termination. In NSW, a landlord must give 30 days' notice to terminate at the end of a fixed-term tenancy, and 90 days' notice to terminate a periodic tenancy for no reason. In Victoria, a landlord can only terminate a periodic tenancy for prescribed reasons (no no-fault termination of periodic tenancies). In Queensland, a landlord must give 2 months' notice to terminate a periodic tenancy for no reason. A lawyer advises on the correct notice period and termination ground — a termination notice with an incorrect period or ground is invalid.
Fair wear and tear — the boundary between damage and deterioration
A landlord can claim compensation from a tenant for damage to the property — but not for fair wear and tear. Fair wear and tear is the gradual deterioration of a property that occurs through normal use over time — scuff marks on walls, minor carpet wear, and faded paintwork are typically fair wear and tear, not damage. A landlord who claims bond deductions for fair wear and tear will not succeed before the relevant tribunal. A lawyer advises landlords on what constitutes damage (as opposed to fair wear and tear) and the evidence required to support a damages claim.
Unlawful eviction — the self-help remedy
A landlord who changes the locks, removes the tenant's belongings, or otherwise forces a tenant to leave without a tribunal order commits an unlawful eviction. Unlawful eviction exposes the landlord to compensation orders (which can be substantial in some states) and, in some states, criminal penalties. A tenant who is unlawfully evicted can apply urgently to the relevant tribunal for orders requiring the landlord to restore access to the property. A lawyer advises tenants who have been unlawfully evicted on their rights — and advises landlords on the lawful process for evicting a tenant who will not leave.
How It Works
One request. Free tenancy law advice.
Tell us whether you are a landlord or tenant, the state, the nature of the dispute (bond, eviction, damage, arrears), and any notices received or deadlines approaching.
Submit Your RequestDescribe the tenancy dispute
Landlord or tenant, state, type of tenancy (residential or commercial), nature of the dispute, any notices received, and any tribunal application filed or pending.
Matched to a tenancy lawyer
Matched to a property lawyer experienced in residential tenancy law in your state — who knows the relevant Act, the tribunal process, and the evidence required for your type of dispute.
Free consultation
A tenancy lawyer contacts you for a free consultation — advising on your rights, the strength of your claim or defence, and the tribunal process for resolving the dispute.