Eviction

Valid reasons for your eviction

Your landlord or agent must have a valid reason to end your tenancy agreement, whether you have a periodic or fixed-term agreement. Valid reasons can include that:

• there are rent or utility arrears
•  there has been another breach of your tenancy agreement
• the property has been, or is being, sold and under the sales contract it must be empty (vacant possession)
• the property needs significant renovations or repairs or demolition of the property that requires the tenant to move out
• the agreement is an employee or caretaker agreement that has now ended
• the property will no longer be used as a rental, for example it will be used for a business or holiday home
• the landlord or their family are moving in
• you are no longer eligible to rent the property as part of a scheme or as student or housing accommodation.

Your landlord can no longer give a ‘no grounds’ termination at the end of a fixed term agreement.

Your landlord or agent will have to register the reason for your eviction, including evidence with the government. Their reasons will be checked and penalties can apply if not it is not genuine.

Re-renting the property

Your landlord must wait to re-rent the property if they end your tenancy:

• because of significant repairs – 4 weeks
• to sell the property – 6 months
• to move into the property – 6 months
• to demolish the property – 6 months
• because it is no longer being rented – 12 months.

They must apply to NSW Fair Trading to get permission to re-rent the property sooner.

If your former rental property has been listed for rent sooner than the waiting period, you can make a complaint to NSW Fair Trading and ask them to investigate.

Termination notice

If your landlord or agent wants you to move out of your rental property, they must give you a termination notice. The termination notice must:

• be in writing, signed by your landlord or agent
• give you the right amount of notice
• include the address of your rental property
• include the day that they want you to move out
• attach a termination information statement with the reason for your eviction and proof that the eviction is genuine. 

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

If your landlord posts the notice, they must give you an extra seven days’ notice for delivery.

Minimum amount of notice

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

The landlord or agent must give:

• 60 days’ written notice for fixed term leases of six months or shorter for a non-breach reason
• 90 days’ written notice for fixed term agreements longer than six months or periodic agreements for a non-breach reason
• 14 days’ written notice for a breach of the agreement
• 30 days’ notice for the sale of premises.

Immediate notice

Your landlord can give an immediate termination notice if the property is destroyed or becomes uninhabitable, like after a natural disaster.

If you agree that the house is uninhabitable, you can move out and give the keys back.

If you don’t agree, you can write to your landlord explaining why you don’t agree with their decision. If your landlord stills wants you to leave, they can apply to NCAT for an order to end your tenancy.

The local council can also make an order declaring that a property is uninhabitable:

• after a natural disaster
• after a fire or other significant damage
• if it is contaminated by dangerous chemicals or substances, like asbestos.

If you disagree with the local council declaration, you should get legal advice.

For more information, see Disaster damage on the Tenants Union of NSW website.

Applying to NCAT

Your landlord or agent can apply to NCAT for a termination order if you have not moved out by the date in the termination notice.

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

If you and your landlord can’t reach an agreement at the first Tribunal date, your case will go to a hearing.

If your landlord gave you a termination notice for rental, water or utility arrears, you may not need to leave the property if you:

• pay all of the rental arrears (including 2 weeks rent in advance), or
• make a repayment plan with the landlord or agent.

If NCAT decides that the termination notice is valid, it can make orders:

• to end your tenancy – termination order
• to pay your landlord your rental bond, for unpaid rent, water or utilities, property damage, cleaning (up to $30,000)
• that you pay your landlord compensation for things like property damage or unpaid rent (up to $15,000).

If NCAT makes a termination order, you will be given a date to move out of the property.

For more information, see the factsheet Eviction – landlord ends tenancy on the Tenants Union of NSW website.

Warrant for possession

If you don’t move out by the date ordered by NCAT, your landlord or agent can apply to NCAT for a warrant for possession.

A warrant for possession allows the NSW Sheriff to evict you from the property.

NCAT will send you a letter telling you that a warrant for possession has been made and the Sheriff will be coming to evict you. The warrant must be executed within 28 days.

If you receive a letter from NCAT, you should pack a bag with all your personal documents, clothes, medications and any other important items.

If the Sheriff is evicting you, follow their instructions and don’t resist. If you do, they can take all reasonable steps to remove you and your belongings from the property. They can also ask the police to help remove you from the property. If you resist the police, you may be charged with an offence.

If you are evicted by the Sheriff, your landlord or agent will change the locks to the property. Your landlord or agent can't lock you out of your rental property unless the Sheriff is enforcing a warrant for possession.

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

If you are evicted from your rental property, you can call Link2Home on 1800 152 152 for emergency housing support.

If you have left some of your belongings in the property, there are steps you can take to get them back.

Goods left behind

If you left your belongings behind, you should arrange a time with your landlord or agent to collect them.

Your landlord or agent must give you notice to collect your belonging before they are can dispose of them. The amount of notice they must give you depends on the value of your belongings.

Your landlord can dispose of rubbish and perishable items at any time without giving you notice, for example, food or plants.

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

For more information, see Uncollected goods.

Retaliatory evictions

If your landlord tries to evict you for enforcing your rights as a tenant, this is called retaliatory eviction. For example, giving you a termination notice because you asked for repairs or disputed an excessive rent increase.

You can apply to NCAT for an order that the termination notice was retaliatory and has no effect.

NCAT will make this order if it is satisfied that your landlord gave you a termination notice because:

• you applied for, or NCAT made, an order about your rental property, like an excessive rent order
• you tried to enforce a right, like your right to privacy or notice before your landlord enters your rental property.

For more information, see the factsheet Eviction – landlord ends tenancy on the Tenants Union of NSW website.

Last updated: March 2026