$0 Tasmania Ending a Tenancy Checklist

Tasmania Landlord Notice Period: How Many Days for Each Ground

The notice period a Tasmania landlord must give depends entirely on the reason for ending the tenancy. There are three possible notice periods — 14, 42, or 60 days — and giving less than the required period can undermine the notice.

14-Day Notice

A 14-day notice applies to:

  • Rent arrears — the tenant is behind on rent. The notice must state the exact dollar amount owed on the date the notice takes effect.
  • Breach of lease — the tenant has broken a term of the lease or a statutory duty, other than by not paying rent. The notice must describe the specific breach.
  • Substantial nuisance — the tenant is causing or permitting nuisance on or from the premises.

For arrears and breach, the tenant has the full 14 days to fix the problem. If they pay the outstanding rent or remedy the breach before the notice period expires, the notice becomes void. You cannot proceed to court on a cured notice.

The exception is the three-strike rule: if you have served two separate rent arrears notices within the past 12 months and the tenant cured both, a third notice in that same period stays valid even if the tenant pays.

42-Day Notice

The 42-day notice period covers the broadest range of grounds:

  • Fixed-term lease expiry — the notice must be served between 42 and 60 days before the lease end date. Serve it too early (more than 60 days out) or too late (fewer than 42 days), and it fails.
  • Property sale — only for non-fixed term leases. Requires an executed contract of sale attached to the notice. An intention to sell, a listing, or an appraisal is not enough.
  • Owner or family member occupation — non-fixed term only. "Family member" is narrowly defined: domestic partner, child, parent, partner's parent, or a person who normally lives with the owner and is wholly or substantially dependent on them.
  • Significant renovation — non-fixed term only. The works must make the property unfit for habitation or pose an immediate health or safety risk during the works. Painting and carpet replacement do not qualify.
  • Cessation of residential use — non-fixed term only. The owner intends to stop using the premises as a residential rental.
  • Social housing criteria (Section 42(1)(da)) — 42 days where a social housing tenant exceeds an applicable income or asset threshold.

60-Day Notice

The longest notice period is reserved for mortgagee repossession — where a lender is foreclosing on the property. This applies to both fixed and non-fixed term leases.

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How to Count the Days

Exclude the date of service (Day 0). The notice period runs from the next day. The date of effect — the day by which the tenant must hand back the keys — must be at least the minimum number of full calendar days after service.

If you serve by post rather than in person, factor in postal delivery time. The notice period does not start until the letter is deemed received in the ordinary course of post.

Getting this calculation wrong is one of the most common reasons notices are dismissed by the Magistrates Court. Under Section 43(3B) and (3C), an incorrect date of effect may be adjusted to the earliest correct statutory date; missing grounds, absent details, or defective service are not cured by that rule.

What Happens After the Period Expires

If the tenant does not vacate by the date of effect, you have 28 days to apply to the Magistrates Court for an Order for Vacant Possession. Miss that 28-day window and the notice lapses — you have to start over.

The Ending a Tenancy in Tasmania guide includes a notice-period calculator that works through the day-count rules for each ground, plus worked examples showing how postal service affects the timeline.

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