Eviction
Eviction is the real estate agent or landlord’s legal removal of the tenant from the property they are occupying.
In Australia there are two different categories of tenancies; fixed-term and periodic tenancies which affect the eviction process. When a fixed-term tenancy finishes it does not equate to the tenancy having ended. After the expiration of a fixed-term tenancy it will become a periodic tenancy rather than being a set term. The period of notice a real estate agent or landlord needs to give is dependant on certain factors. Hence, this includes which category of tenancy the tenant falls under.
Giving Notice
The real estate agent or landlord needs to give 14 days notice for eviction. The eviction is often based on the tenant’s wrongdoing. This is despite being 14 days ahead or behind on the rent or if they have breached a pre-constructed tenancy agreement. A real estate agent or landlord needs to give 30 days notice if the fixed term of the agreement is near completion. Furthermore, they also need to give 30 days notice if the premises has been sold after the fixed term has ended and it needs to be vacated according to the terms of the sale contract. It is a 90 day notice period if the fixed term period has ended and no new agreement has been signed. These notice periods are to provide tenants reasonable time to find other properties to rent and live in.
However, a real estate agent or landlord may not always need to provide notice to the tenant. They can apply directly to the NSW Civil and Administrative Tribunal for a possession order. These circumstances may be if post-inspection the agent or landlord finds serious damage to the premises, use of the premises for illegal purposes or if there has been injury to the landlord, agent, employee or one of the tenant’s neighbours. Hence, if these situations occur they would be considered valid for a tenant to be evicted from the property. You can read here for more information about issuing eviction notices.
Evicting the tenant
When issuing the eviction notice certain requirements need to be met.
These requirements include:
- Notice being in writing;
- Signed and dated by the property manager or landlord or property owner;
- Properly addressed to the tenant with their legal name;
- Provide the agreement termination date;
- Provide the date the tenant needs to vacate the premises;
- If needed, give the grounds or reasons for the notice; and
- Keep a copy of the notice as proof of evicting the tenant.
Therefore, these need to be met or the real estate agent or landlord may be taken to the tribunal or court where the eviction may be overturned or they may be required to pay compensation.
If you require legal advice in regards to evicting a tenant from the premises speak to a Real Estate Lawyer or a Property Dispute Lawyer who will be able to assist you.
