Scenario 1: Your landlord terminates the agreement and
(A) You are a co-tenant or a head-tenant
If you’re a co-tenant or head-tenant, you’re covered by the Residential Tenancies Act and the procedure for eviction is clear.
The eviction process consists of four parts:
- Generally, the landlord must give a notice of termination in writing that states the reason notice is being given.
The period of notice they have to give you depends on whether you’re in a fixed-term agreement or periodic agreement, and the reasons for termination.
Scenario | Days |
|---|---|
If you’re on a fixed-term agreement, the landlord cannot make you leave during the fixed term unless you’ve breached your agreement. However, the landlord may ask you to leave at the end of your fixed-term lease by issuing a termination notice. This is often known as an “End of Fixed Term” or “No grounds” termination notice as the landlord does not have to provide a reason for terminating your tenancy. | 30 days written notice |
After the fixed term of the agreement expires, it automatically becomes a periodic agreement. If you are in a periodic agreement and the landlord wants you to leave, they may issue you a termination notice and are not required to provide a reason. (Please note, the provisions around “no grounds evictions” by landlords are currently under review by the NSW Government). Once the landlord gives you a “no grounds” termination notice for a periodic agreement, you may leave at any time before the termination date. This means that if you are required to leave by a certain date and you find a place to move into before that date, you can move out and give the landlord vacant possession. If you move out before a 90 days ‘no grounds’ notice expires, you will not have to pay further rent after you have left. | 90 days written notice if the landlord is terminating the agreement for no reason, or 30 days if the place has been sold with requirement for vacant possession |
If you have breached the agreement either during the fixed-term or periodic agreement e.g. for non-payment of rent for more than 14 days. | 14 days written notice |
Please note that for some types of breaches the landlord can apply directly to the Tribunal for termination | No termination notice at all |
If you think the landlord is evicting you as payback for asserting your rights, for example asking your landlord for repairs, you can challenge the eviction in the Tribunal.
Contact your local tenancy service for further advice about retaliatory eviction (see Useful Contacts).
- If you have not moved out by the date specified on the notice of termination, the landlord can within 30 days apply to the Tribunal for orders of termination and possession of the premises (i.e., eviction order).
- In the case of a no grounds notice, the Tribunal must make a termination order, which will require you to move out.
- In the case of a breach notice, a hearing will be held at the Tribunal and a decision will be made as to whether or not you should be evicted.
The Tribunal will look at the facts of the case in making a decision, including the nature of the breach (if there was one) and the reasons why the breach may have occurred, for example, if you are experiencing hardship that may have affected your ability to keep up-to-date with the rent.
They will also look at what you have done to fix the breach.
- Be sure to attend the hearing as you might be able to negotiate to have the notice withdrawn or for extra time to move out.
Even in a no grounds notice, while the Tribunal must terminate the tenancy, they do have discretion in relation to the amount of time they give you to leave.
If you don’t turn up and take the opportunity to explain the problem or why you need more time to move out, you can guarantee the case will go against you.
- If you completely catch up with your rent before the Tribunal hearing, the Tribunal can’t terminate your tenancy for nonpayment of rent.
You should go to the hearing with any evidence, bank records, or receipts that show you have paid your rent up to date.
However, your landlord can apply to terminate your tenancy because you have been frequently in rent arrears.
They have to make this clear at the time they apply to the Tribunal.
The Tribunal will only terminate if it is satisfied that you have often been behind in your rent.
You should contact your local tenants’ advice service for further advice (see Contact Points).
- If the Tribunal terminates the agreement, it will make an order ending the agreement and an order giving possession of the premises to the landlord.
The time given to move out will depend on your circumstances and the breach.
If you’re not out by the date in the order, the landlord can get a ‘warrant for possession’ from the registry of the Tribunal and go to the Sheriff’s Office.
A Sheriff can remove you from the premises, with police help if needed.
- If the landlord attempts to lock you out before the Tribunal makes an order of possession and a warrant has been issued, your landlord can be fined up to $22,000 for an illegal lockout.
It is an offence to lock you out without Tribunal orders.