Although you have done everything to find the best tenants for your rental, situations can arise when a tenant is not cooperative: not paying the rent or simply disobeying your rental agreement. Ideally, a tenant will agree to leave your premises without problem. However, there are cases where a tenant refuses to leave.
Evicting a tenant who violates your contract is a delicate matter. You should be aware of the location rules for your rental before leaving, as each state has different eviction rules.
Grounds for expulsion
To evict a tenant, it is necessary to establish reasons. A tenant who violates a rental agreement or a rental agreement is generally a cause of eviction.
A breach of agreement could result from the following scenarios:
Failure to pay rent
Tenant always late with payments
Property damage
Being a nuisance to neighbors
Use of the property for illegal purposes
Violation of any other obligation of the rental contract
An owner with other legitimate reasons or motives to recover the premises would make eviction possible in some states. However, a tenant can appeal the eviction in certain circumstances.
General principles
The general principles regarding the eviction process are standard:
Give written notice to leave – for good reason
Strictly follow prescribed procedures and deadlines
Use the appropriate forms and documentation
Proceed to the appropriate governing body if necessary if the tenant does not respond to the release request
Keep written records of everything
The rules differ from state to state and must be followed to the letter, otherwise the process of eviction could prove to be null and void.
Rules of expulsion in different states
Australian Capital Territory
In ACT, a landlord must issue a repair notice before issuing a vacancy notice to the tenant. However, when an owner has already served two notices to remedy it, it is possible to simply serve a cancellation notice.
After serving a repair notice, the landlord must wait seven days before serving a written notice of release. The correct notice period, the legal reasons for termination and the details which motivated the reason must also be provided to the tenant. Only the Civil and Administrative Court of ACT (ACAT) can order an eviction, and only the police can proceed with the eviction.
If the tenant does not voluntarily leave the premises after receiving a valid notice, the owner can apply to a court for a dismissal and possession order (TPO).
If the tenant does not move in accordance with the TPO directives, the owner can then ask for an eviction warrant. This warrant gives the police the power to evict the tenant within a specified time. The police must give the tenant at least two days notice of eviction, except in exceptional circumstances.
More information on eviction in ACT can be found here.
In New South Wales, the landlord must provide the tenant with 14 days written notice of termination. However, there are some exceptions to this rule in the Residential Tenancies Act.
The notice signed by the owner must specify the address and the date on which the property must be vacated. The notice must also state the reasons for termination.
The landlord can issue a termination for non-payment if the breach of the agreement arose solely from the non-payment of rent.
If the tenant does not vacate the premises on the date indicated in the notice, the owner may apply to a court for a termination order. This order ends the rental and specifies the date on which the tenant must vacate the property. It also specifies the date on which the property must be vacated.
In the event that the tenant still does not leave on the specified date, the owner can obtain a warrant for possession. It allows the sheriff's office to fire the tenant from the premises.
For more information on ending a rental in NSW, click here.
In NT, a landlord must make a request to a rental agent for an order, forcing a tenant to leave. It is also possible to apply for a deportation order. These requests can be made together or separately at different times.
After the eviction order has been made, the rental agent will notify the tenant of the order. Once confirmed, an affidavit of service is prepared.
If the tenant refuses to vacate the property, the owner has six months to file an order with the Supreme Court to obtain a written possession. The landlord must file an affidavit of service of the eviction order to the tenant and an affidavit attesting that the order has not been complied with.
Once filed, the sheriff's office receives the deed of possession and will then take the necessary steps to proceed to the eviction.
For more information on eviction in the Northern Territory, you can use this source.
In QLD, a landlord must issue a departure notice to end a rental. The notice must be on the correct form, stating the reasons for the eviction. It must also specify the date on which the tenant must vacate the property and give the required notice.
If the tenant refuses to vacate the property on the date indicated, the landlord can apply to a court for a termination order and a possession warrant.
An owner must go to court within two weeks of the day of handover. Once the request is made, the court will end the tenant's notice of hearing and a copy of the request.
In a dismissal order, the court issues a warrant of possession, authorizing the police to evict the tenant from the property.
The police will receive the warrant and must come into force within three days of its issue. It is in effect for 14 days and can be applied at any time during this period, unless the court orders otherwise.
The police will then contact the tenant to tell him when he will execute the warrant.
More details on the end of a rental in QLD can be found here.
In SA, a landlord must give the tenant written notice to remedy the violation or leave the property. The owner must also keep a copy of the notice for their records.
The tenant has seven days to remedy the violation. If the notice is due to non-payment of rent, the tenant has another day to vacate the property. If the notice is due to other reasons, the tenant still has one or two days to leave.
If the tenant does not comply, a landlord should ask a court to have them evicted. An owner must complete an application form that includes a request for vacant possession. The request and supporting documents such as a copy of the rental agreement, rent registers or written notices must be filed with the court.
A tenant can only be evicted by court order, and only a bailiff executing the order can evict the tenant.
For more information on a breach of an agreement and deportation to South Australia, see the South African government website.
In TAS, a landlord must give the tenant notice to leave 14 or 28 days before the date of eviction.
The notice must include the date of service of the notice, the name (s) of the tenant (s) and the owner, the address of the property, the Reasons for issuing the notice and the date it takes effect.
If the tenant refuses to leave after receiving notice, the owner must contact the Magistrates ’Court for a possession order. The landlord must then serve the tenant with a copy of the request the same day as the request for the order.
The court will impose a date for vacant possession of the premises, with a representative taking possession of the property on behalf of the owner.
Visit the website of the Magistrate Court of Tasmania to find out about rental disputes and end a lease.
At VIC, a landlord must serve a valid notice to leave a tenant. The notice must be sent by registered mail or hand delivered. It must be addressed to the tenant, stating a specific reason for the notice, be signed by the owner and indicate a departure date for the tenant.
If the tenant refuses to leave before the end of the specified date, the owner has 30 days to ask a court for a possession order. This orders the tenant to become vacant gives a specific date for leaving and warns that if the order is not respected the tenant could be withdrawn.
The possession order also allows the owner to obtain a possession warrant, if necessary. This orders the police to evict the tenant from the property if he has not left by the date indicated.
You can find more details on the eviction at VIC on the Consumer Affairs Victoria website.
In Washington State, a landlord must issue an official notice of breach of rental agreement. The notice must detail the violation and gives tenants 14 days to rectify the violation.
If the tenant changes the offense during the given period, the owner can issue a notice of termination. It gives the tenant an additional seven days to vacate the property, after receiving the notice.
If the tenant refuses to leave, the landlord has 30 days to request a court order for the Magistrates ’Court.
If the tenant still refuses, the owner can request a seizure of goods and a delivery order. A court appointed bailiff will evict the tenant from the property on behalf of the owner.
You can use this Lessor's Guide to learn more about evicting tenants in Western Australia.
