Tasmania Landlord Eviction Process: From Notice to Court Order

There is no fast-track eviction in Tasmania. The Residential Tenancy Act 1997 requires landlords to follow a sequence — statutory notice, then court application, then court order, then bailiff enforcement — and skipping any step is illegal. Self-help eviction (changing locks, cutting utilities, removing belongings) is a criminal offence under the Act.

Stage 1: Serve a Valid Notice to Vacate

Everything starts with a Notice to Vacate that complies with Sections 42 and 44 of the Act. You must cite a genuine statutory ground, include all required details (names, address, ground, particulars, dates), and serve it through a permitted method (personal delivery, prepaid post, or email with prior written consent).

The notice period depends on the ground: 14 days for rent arrears, breach, or nuisance; 42 days for sale, owner occupation, renovation, cessation of use, or fixed-term expiry; 60 days for mortgagee repossession.

Stage 2: Wait for the Notice Period to Expire

During the notice period, the tenant may cure the breach (for arrears or non-rent breach, the tenant has the full 14 days to remedy the problem). If they cure it, the notice is void and you cannot proceed. The three-strike exception applies to rent-arrears notices, not non-rent breaches.

For all other grounds, you wait. You cannot apply to the court before the notice takes effect.

Stage 3: Apply to the Magistrates Court

If the tenant has not vacated by the date of effect, you have exactly 28 days to lodge an Application for an Order for Vacant Possession in the Civil Division of the Magistrates Court.

Registries are in Hobart (23–25 Liverpool Street), Launceston (73–76 Charles Street), Devonport (8 Griffith Street), and Burnie (38 Alexander Street).

The filing fee is $78.40 (as at 1 July 2026). You will need to file the application, attach a copy of the Notice to Vacate as served, and provide proof of service.

If you miss the 28-day window, the notice lapses entirely. You would need to issue a fresh notice and restart the process.

Stage 4: Serve the Court Application on the Tenant

After filing, you must serve a copy of the application on the tenant a reasonable time before the scheduled hearing date. The court registry will advise on the hearing timetable.

Stage 5: Attend the Hearing

The Magistrate will check three things:

1. Was the notice properly served and did it contain all Section 44 requirements?
2. Was the ground genuine?
3. Did the tenant fail to vacate by the date of effect?

Bring the tenancy agreement, the Notice to Vacate, your proof of service, and any evidence supporting your statutory ground (the contract of sale for a property sale, arrears statements for rent arrears, etc.).

If satisfied, the Magistrate issues an Order for Vacant Possession specifying a date by which the tenant must leave.

Stage 6: Bailiff Enforcement

If the tenant still refuses to leave after the court-ordered date, the only lawful next step is to engage the Magistrates Court Bailiff. The bailiff executes a Warrant of Possession — the physical enforcement of the court order. The bailiff fee is $205.80.

No one other than the court bailiff is authorised to physically remove a tenant. Not you, not your property manager, not a locksmith you hire independently.

Total Timeline

A best-case scenario where everything goes smoothly — 42-day notice, tenant does not vacate, immediate court application, hearing within a few weeks — can take roughly 10–14 weeks from notice to bailiff enforcement. A contested case, a 60-day notice ground, or court scheduling delays can push this to 16 weeks or more.

The total court costs for a standard uncontested case: $78.40 filing fee plus $205.80 bailiff fee if needed — $284.20 in statutory fees before any legal representation costs.

For the full process with checklists and timeline calculations, the Ending a Tenancy in Tasmania guide walks through each stage, including a Magistrates Court filing checklist and proof-of-service log.

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