Renting

Retaliatory eviction

Retaliatory eviction is where the tenant asserts their rights and then receives a Notice to leave (Form 12) or Notice to leave (Form R12) for rooming accommodation, without grounds. 

Example: A tenant asks the property manager/owner to repair something in the property and is issued with a Notice to leave.

The tenant can apply to QCAT to have the Notice to leave set aside. They must apply within 4 weeks of receiving the notice.

The tenant should note that a QCAT application may not achieve their desired outcome and they should consider this when making an application.