Landlord ends agreement
As a tenant you have rights under the Residential Tenancies Act 2010 and Residential Tenancies Regulation 2019. This factsheet summarises the law in NSW about what a landlord must do to end a tenancy agreement lawfully.
How the landlord can end the agreement
In most cases, the landlord/agent must give you a termination notice. Your tenancy agreement ends once you give vacant possession of the premises to the landlord/agent (that is, you move out and return the keys in person).
If you do not vacate by the day in the notice, the landlord can then apply to the NSW Civil and Administrative Tribunal (NCAT) for a termination order.
A termination order ends the tenancy and specifies the day by which you must give vacant possession.
Ending agreement without notice
In some cases, the landlord can apply for a termination order without giving you notice. (See ‘Application to the Tribunal without termination notice’ below.)
Social housing providers
A social housing provider can end a tenancy agreement on certain grounds other than those outlined below.
The termination notice
The termination notice must be in writing, signed by the landlord/agent and set out:
- the address of the premises
- the day by which the landlord/agent wants vacant possession
- the grounds for termination (the reason/s, if any).
The landlord/agent must properly send or deliver the notice to you: in person, by post, by email (to an email address you have specified for documents of that kind), or by hand in an addressed envelope to a mailbox at your home or business address.
If there is a mistake in the notice or it is not properly sent/delivered, and the landlord applies for a termination order, then you can argue in the Tribunal that the notice is invalid and the landlord’s application should be dismissed. However, the Tribunal may overlook such mistakes.
How much notice the landlord must give
This depends on the type of tenancy agreement and the grounds for termination (if any) – see table below.
A fixed-term agreement is for a specified period (e.g. 6 months). A periodic agreement is one where the fixed-term has expired or no fixed term is specified.
If a termination notice is posted to you, the landlord/ agent must allow an extra 7 working days for delivery.
Minimum notice periods
| Grounds | Fixed-term agreement | Periodic agreement |
|---|
| No grounds | 30 days at end (see below) | 90 days |
| Sale of premises | not valid | 30 days |
| Breach of agreement | 14 days | 14 days |
Immediate notice if premises unusable
The landlord/agent can give immediate notice if the premises are destroyed or become wholly or partly unliveable (e.g. due to fire or flood, not due to a breach of the Agreement); or if the premises become no longer lawfully usable as a residence; or the premises are acquired by an authority by compulsory process (such as resuming them to build a road).
Termination without grounds – without a reason
Fixed-term agreement
The landlord/agent cannot end your agreement without grounds before the last day of the fixed term. If the agreement is not terminated at the end of the term, it continues as a periodic agreement.
If the landlord/agent wants to end your agreement at the end of the fixed term, they must give you at least 30 days notice that includes the last day of the term.
If the landlord/agent applies for a termination order, the Tribunal must terminate the agreement.
Periodic agreement
The landlord/agent can end the agreement without grounds by giving 90 days notice. If the landlord applies for a termination order, the Tribunal must terminate the agreement.
Employee or caretaker residential tenancy agreement
If an employer/landlord would like to terminate the residential tenancy agreement of their employee or caretaker, the employer/landlord must give at least 28 days’ notice.
Long-term tenancy
If the landlord applies for a termination order when:
- you had a fixed-term agreement which has expired, and
- you have been in continual possession of the same premises for 20 years or more;
then the Tribunal can consider the circumstances of the case and decide whether or not to make the order.
If the Tribunal decides to make the order, it must give you at least 90 days to vacate the premises.
Retaliatory eviction
Termination for breach of agreement
Fixed-term and periodic agreements
If you are in breach of your tenancy agreement – in other words, if you fail to meet your obligations under the agreement, e.g. not paying rent – the landlord/ agent can give you a 14 day termination notice.
If you do not obey the notice, the landlord/agent can apply for a termination order. If they do, you should attend the Tribunal hearing. If you can show that you have fixed the breach or taken steps towards this, the Tribunal may decide not to terminate the agreement.
Termination for non-payment of rent
If you have breached the agreement solely by getting behind with the rent, the landlord/agent can give you a non-payment termination notice. You must owe at least 14 days rent before they can give you this notice.
If you get such a notice, you are not required to vacate if you pay all the rent owing or you enter into, and fully comply with, an agreed repayment plan.
Termination for sale of premises
Fixed-term agreement
Your agreement cannot be terminated because the premises are being sold.
Periodic agreement
If the landlord has entered into a contract for sale that requires them to give vacant possession to the buyer, they can give you a 30 day termination notice.
Application to the Tribunal without notice
The landlord/agent can apply to the Tribunal for a termination order without giving you a termination notice on one or more of the following grounds:
- You, your guests, another occupant or their guests have caused or permitted:
- serious damage to the premises or any neighbouring or common property
- injury to the landlord, agent, the landlord’s/agent’s employees, or your neighbours
- use of the premises for illegal purposes
The Tribunal may make a termination order and may order you to give immediate possession of the premises to the landlord.
Hardship to landlord
The landlord can apply for a termination order without notice if they would suffer undue hardship if the tenancy continued, the Tribunal may make a termination order and may also order the landlord to compensate you for loss of the tenancy.
Leaving before the date given by landlord
Fixed-term agreement
You may leave at any time before the termination date listed on the notice; however you will be liable for the rent until the end of the fixed term. You might opt to pay a break fee instead, see Factsheet 16: Ending fixed-term tenancy early
Periodic agreement
You can give vacant possession (move out) and stop paying rent at any time before the termination date listed on the notice. You are not required to give notice to the landlord/agent, however it is prudent to inform them, in writing.
Withdrawal of termination notice
The landlord may withdraw a termination notice at any time with your consent, however they may give a further notice for another reason.
Eviction – your rights
No eviction without an Tribunal or court order
The landlord/agent must follow one of the processes outlined above before you can be evicted. Anyone locking you out without a Tribunal or court order can be fined up to $22,000 and ordered to compensate you.
In the case of Violet v Ghaderi-Araghi [2017] NSWCATAP 134, the Tribunal (on appeal) approved a decision that the landlord should pay $2,000 in compensation for the loss of use/enjoyment suffered by a former tenant as a result of an illegal lockout.
Retaliatory eviction
If the landlord/agent acts to end the tenancy when you try to enforce your legal rights (such as asking for repairs), the Tribunal may find this to be a retaliatory eviction. They may declare a termination notice to have no effect and/or refuse to make a termination order.
- You can apply to the Tribunal for an order that the notice was retaliatory. You must apply within 30 days of getting a 90 day notice (periodic agreement) or within 14 days for other notices.
- If the landlord/agent has applied to the Tribunal for a termination order, you should attend the hearing and argue that the application was retaliatory.
If the Tribunal makes a termination order the Tribunal will consider the relative hardship to you and the landlord and specify the day for vacant possession.
If you do not vacate by the specified day, the landlord/ agent can get a warrant for possession from the Tribunal. With this warrant, a sheriff’s officer can remove you from the premises – with police help if needed.
See also
- Factsheet 11: NSW Civil & Administrative Tribunal
- Factsheet 05: Rent arrears
- Tips: Negotiating with the landlord
- Tips: Take photos when moving in and out
- Tips: The easy way to claim your bond
- Easy read factsheet: Moving out
- Podcast episodes: Hit the road Jack and Don't make me leave
- Resource: Warrants for possession in tenancy law
Factsheet updated February 2023
This factsheet is intended as a guide to the law and should not be used as a substitute for legal advice. It applies to people who live in, or are affected by, the law as it applies in New South Wales, Australia. © Tenants’ Union of NSW.
