Residential Eviction Moratorium During the COVID-19 Outbreak

As part of the Coronavirus Economic Response Package, the eviction moratorium has offered some level of support for homeowners during this pandemic. It is a temporary measure that will last for six months, and it prohibits landlords from evicting residential tenants due to financial difficulties brought on by the current health crisis.

For homeowners, the moratorium grants you the following special privileges:

1. You cannot be evicted from your residential property on the grounds of your inability to pay rent. However, your inability must be a result of financial distress due to the coronavirus outbreak. This means that you can still be evicted for simply refusing to pay rent without due cause, as well as other breaches of your lease agreement such as causing damage to the property.
2. Your landlord must freeze all predetermined rental rate increases for the duration of the moratorium. This, however, might extend for several more months after the crisis has ended, giving you enough time to recover from any financial setbacks you may have experienced.
3. You can ask for mediation or otherwise negotiate with your landlord to temporarily amend the terms of your lease. This can include a reduction in rental rates, a deferral in payment collection, and a complete waiver of the entire value of the rent for a given period of time.

The moratorium also states that tenants and landlords who have not been severely impacted by the crisis must continue to honour the terms set out in their rental agreement.

If you are seeking to exercise any of the special rights highlighted above, you must proactively reach out to your landlord so that negotiations can take place and a new agreement can be reached.

You will need to provide enough evidence in the form of financial statements, bank records, work history, and other similar documents to make your case. It is critical that you remain transparent with your situation so that your landlord can better position themself to help you.

Be thorough, reasonable, and make sure you get anything you agree on in writing. We also advise you to consult with an independent lawyer who can weigh in on your negotiations from a legal standpoint.

If an agreement cannot be reached, then it is possible to bring your situation in front of the court.

It is important that you seek out every form of economic relief provided to you during this time, especially if you are experiencing financial difficulties from multiple fronts. If you are under threat of eviction, make sure you arm yourself with the latest legal developments so that you can find your best resolution.



We are experienced civil lawyers serving Canberra, Queanbeyan, Wollongong, and surrounding locations in Australia. If you need legal advice to help you stay in your residential property, get in touch with us today.