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In a rental property dispute, you may have a landlord or tenant claim that you’ve caused damage to the property and are threatening to move out.
To resolve the dispute, there are three options.
Option 1: you can go to the Landlord and Tenant Board (L&TB) and find out whether you can move out (you can do this online or by calling the L&TTB’s contact centre on 1300 666 656).
Option 2: you may contact the local Landlord Council and the local landlord will have the right to apply for a court order to evict you.
You will be told what to do and where to go.
If you have been in a dispute for some time, it may be best to call the Landlords’ Association to make sure you are still entitled to a rent arrears notice.
You can also find out about your options at the LTB’s contact details on the Land Landlord’s Landlord Board website.
Read more about rental property.
Option 3: if you’ve been living in the rental property for at least six months, you can ask the Lender to remove you from the rental unit and evict you, if you’re not in possession of the property or it is unsafe to live there.
You may have to give the L & TB an affidavit from you stating you are not living in a residential property and that you are in possession and safe to live in the property.
You will also have to pay the Lessor back the amount you paid for the unit.
The L& TB can also order the landlord to remove your belongings from the property, if the Lenders legal representative decides to do so.
The Landlords Legal Representative may ask you to give your name, address and contact details and they may require you to sign a declaration that you’re in possession.
You’ll have to sign the declaration before you can enter the property to begin removing your belongings.
The court process is complex, and it’s important you read the advice on the LTM’s contact page to help you understand how the process works and what you need to do to be successful.