Eviction

Introduction

If the landlord or agent wants to terminate (end) your tenancy agreement, they must give you a written termination notice and reasons for the termination.

The landlord or agent can't lock you out of your tenanted property unless they have an order from the NSW Civil and Administrative Tribunal (NCAT).

If you have left your goods behind, your landlord or agent must give you notice before disposing of your goods. If they refuse to give your goods, you can apply to NCAT for an order.

Termination notice

The landlord or agent must provide a written termination notice to the tenant stating the:

• address of the property
• day by which the landlord/agent wants vacant possession
• grounds for termination.

The landlord or agent must properly send or deliver the notice to you in person, by post, or email.

Depending on the grounds for termination, there are minimum notice periods that a landlord or agent must provide. 

The landlord or agent must give:

• 30 days written notice for no grounds termination at the end of the fixed term agreement
• 90 days written notice for no grounds periodic agreement
• 14 days written notice for a breach of the agreement
• 30 days notice for the sale of premises
• Immediate notice is the premises are destroyed or unliveable.

No grounds termination means that the landlord or agent wants to end your tenancy without giving you a reason.

If the landlord or agent gave you a termination notice after you tried to enforce your tenancy rights, you can apply to NCAT for an order that the termination notice was retaliatory.

For more information about termination, see Landlord ends agreement on the Tenants’ Union NSW website.

If the grounds for the termination is for rental arrears, you may not need to vacate the property if you pay all of the rental arrears or you enter into a repayment plan with the landlord or agent. 

For more information, see Rent arrears on the Tenants’ Union NSW website. 

NSW Civil and Administrative Tribunal 

The NSW Civil and Administrative Tribunal (NCAT) can hear disputes between landlords and tenants. 

NCAT can make orders:

• to end the tenancy agreement
• for the payment of the rental bond (up to $30,000)
• for compensation be paid to the landlord or tenant (up to $15,000)
• that a rent increase is excessive
• that a term of the agreement must be complied with.

The landlord or agent can apply to NCAT for a termination order if you have not vacated the property by the date stated on the termination notice.

You will receive a letter from NCAT with the date and time for the hearing.

NCAT will make a termination order if they are satisfied that the correct notice was given. You will be given a date to move out of the property. If you don’t move out by the date set by NCAT, your landlord or agent can apply for a Warrant for Possession. 

A Warrant for Possession gives authority to the NSW Sheriff to evict you from the property.

For more information, see Warrant for possession on the NCAT website.

Goods left behind

If you left your goods behind, you should make arrangements with the landlord or agent to collect your goods.

Your landlord or agent must give you notice to collect your goods before they are allowed to dispose of them. The period of notice depends on the value of the goods.

Your landlord can dispose of perishable items without notice. 

If there is a dispute about the goods, you can apply to NCAT for an order. 

For more information, see Uncollected goods.