Your rights
Your rights as a renter or mortgage holder in financial difficulty — and where to get help
Residential Tenancies Act (varies by state), National Consumer Credit Protection Act 2009 (NCCP Act), National Credit Code (NCC)
Whether you are renting or paying a mortgage, you have legal protections when you cannot keep up with payments. Landlords and banks must follow specific processes before they can evict you or repossess your home.
This is general information, not financial or legal advice. For help with your specific situation, call the National Debt Helpline on 1800 007 007 (free, confidential).
A landlord cannot evict you without following the formal process. Non-payment notice periods vary: 14 days in NSW, VIC, SA, WA, TAS, and NT; 7 days in QLD and ACT. After the notice period, the landlord must still apply to the tribunal for an eviction order.
A landlord can never change the locks, remove your belongings, or physically force you out. Only a court or tribunal order enforced by police or sheriff can lawfully evict you. You have the right to attend the hearing and present hardship circumstances.
No-grounds evictions have been banned in NSW (from May 2025), VIC, QLD (from 2024), and SA (from 2024). Landlords must have a valid legal reason to end your tenancy.
You have a legal right to apply for a hardship variation on your mortgage. Your lender must respond within 21 days, genuinely assess your situation, and cannot begin possession proceedings until they have responded to your hardship application.
Most lenders do not take serious action until 90 days of arrears. A formal default notice gives you 30 days to remedy. Court proceedings, judgment, and writ of possession typically take 6–12+ months from the first missed payment.
Your bond must be lodged with the state bond authority, not held by the landlord. It can only be used for genuine damage or unpaid rent at the end of a tenancy, and any dispute goes to the tribunal. Interest-free bond loans are available in every state.
If your lender refuses your hardship application or does not respond within 21 days, you can lodge a free complaint with AFCA. AFCA can order contract variations and compensation. Its decisions are binding on the lender.
If you receive income support payments and pay private rent above the minimum threshold, you may be entitled to CRA — up to $323.44 per fortnight depending on your circumstances. Update your rent details with Centrelink whenever your rent changes.
Select your state above to see local ombudsmen, grants, and contact numbers.
A financial counsellor can negotiate with companies on your behalf — for free.