Evictions

  • How does an eviction happen?

    When you rent a property you become known as “the tenant”. When you sign a lease agreement, you are agreeing to the terms within the lease. If you break a lease agreement you could be evicted. Eviction means you have to move out of the rental property, agents or landlords must have a good reason under the law for terminating your lease, the agent or land lord must give you a written termination notice stating why and when you must move out.

    Some of the more common reasons for being evicted are:

    • Not paying the rent (rent arrears)
    • Noise complaints
    • Additional unapproved occupants
    • Failing to maintain the property

  • What should I do if I get an eviction notice?

    Do not ignore it, contact the agent or landlord immediately and to try to rectify the problem, if you need further assistance and help to understand your rental rights and responsibilities regarding eviction notices contact Tenants NSW to get advice. http://www.tenants.org.au/

  • What happens if I don't move out of the property?

    The land lord can apply to the NSW Civil & administrative tribunal (NCAT) to end your tenancy if you do not move out after 14 days’ notice. If that happens, the NCAT will send you a letter with the date and address of the hearing. You must attend the NCAT hearing to tell your side of the story (interpreters are available). The NCAT will decide if you will be evicted.

  • Can I get evicted without notice?

    YES – under these circumstances:

    • Illegal use of the premises.
    • If you cause serious damage to the property.
    • If you cause serious damage to a neighbours property.
    • If you threaten the landlord, agent, their employees or your neighbours.

    If you get evicted, the agent or landlord could list you on a Tenancy Data base. (See SkillBot Tenany data base This could make it very difficult for you to rent another property in the future.

  • For extensive information on this topic see

    NSW Fair trading- Tenants & Home owners. http://www.fairtrading.nsw.gov.au/ftw/home.page

    Tenants NSW. http://www.tenants.org.au/