How can a lease be terminated in New South Wales?
If the lease is for a fixed term (such as 6 months, 1 year, etc), either party may terminate at the end of the fixed term by giving the other party written notice at least 14 days before the last day of the term. If no notice is given, the agreement automatically becomes a continuing agreement.
If the agreement is a continuing agreement, the landlord must give at least 60 days written notice and the tenant must give at least 21 days written notice to terminate the agreement. (To terminate a sub-letting agreement, the head tenant must comply with the landlord's requirements and the sub-tenant with the tenant's.)
Boarders and lodgers must be given, or must give, "reasonable notice", which is generally 1 rental period.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant (or a head tenant can evict a sub-tenant in share housing) for failure to pay the rent, violating the terms of the rental agreement, causing or permitting a nuisance, disturbing or permitting a disturbance of the privacy, peace and comfort of neighbours, using or permitting the premises to be used for any illegal purpose, causing serious damage to the premises, or causing injury to the landlord, the agent or anyone in a neighbouring property.
The landlord must first give proper notice as prescribed by the Act. If the tenant does not either move out or cure the problem in the time set out in the notice, the landlord can apply to the tribunal to terminate the agreement and obtain an order of possession. A landlord cannot seize a tenant's possessions to cover rent arrears, lock a tenant out, remove their personal belongings, or cut off utilities or essential services in an attempt to force a tenant out. The landlord cannot remove a tenant from the premises without an order of possession from the Residential Tenancies Tribunal. Only a sheriff can physically remove a tenant.
A landlord cannot retaliate against a tenant by eviction or otherwise for complaining to the landlord or to a government agency with respect to the condition of the premises, for organising or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies.
It is against the law under the Anti-Discrimination Act 1977 to discriminate in accommodation on the basis of race, sex, marital status, disability, sexual preference, transgender, or age.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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