Whether you’ve decided to evict your tenant during the lease or your tenant refuses to leave at the end of lease, neither is a positive situation for the landlord. It’s crucial that you follow proper procedures when you’re evicting the tenant/s from your investment property.
Otherwise you could end up in a legal battle that needs to be resolved in your State or Territory’s relevant tribunal or court.
Even if an eviction issue or dispute doesn’t get that far, you might still have to pay your tenant compensation if you don’t comply with your legal obligations to them.
Both you and your tenant/s have legal rights. Those rights vary depending on the reason for the eviction, the State or Territory in which you live, and the type of lease agreement that is in place (e.g. fixed term or indefinite). So, if you’re wondering how much notice a landlord must give a tenant to move out, read on.
Common reasons for evicting tenants (and why they matter)
There are many reasons why you might need to evict your tenant. For example:
- If they haven’t paid their rent after you’ve given them sufficient time to make their outstanding payment/s. This period varies around Australia. For example, in New South Wales and Victoria, you can’t begin the eviction process until a tenant is more than 14 days overdue with their rent.
- If they have breached the conditions of their lease agreement with you. For example, not keeping the property reasonably neat and tidy, causing damage to it, or keeping a pet onsite if this is not permitted under the agreement.
- If you need to sell your property and ‘vacant possession’ is a condition of the sale. Be aware though that rent agreements do not automatically end when an investment property is sold. Your tenant has the right to stay for the term of their lease agreement unless you take appropriate action. For example, in Queensland, landlords are required to give their tenants at least 4 weeks’ notice from the date the contract of sale is signed. In Western Australia, this notice period is 30 days.
- If you need to carry out immediate and extensive repairs to your investment property.
- If your lender is foreclosing on your loan because you haven’t met your repayments.
Do note that if you’ve decided not to continue on with this tenant, landlords do need to give notice to tenants if they’re not renewing the lease.
The eviction process
The eviction process begins with providing a written lease termination notice to your tenant. This notice must:
- Be addressed to your tenant/s.
- Be signed and dated by you as the landlord.
- Provide a reason for the termination.
- Provide a date by which you expect your property to be vacated. Once again, the amount of notice you’re required to give varies depending on the reason for the eviction, where your investment property is located (and associated local laws), as well as the type of lease agreement.
As with any tenant correspondence, you (or your property manager) should always keep a copy of the termination notice provided. This documentation will be very important if there is any legal dispute.
If you’re evicting your tenant for non-payment of their rent, be aware that an eviction notice is only the first step in the process.
You’ll also need to apply for a court order to terminate the lease agreement. Even though your tenant owes you rent, you can’t take any further eviction action that may be necessary (like changing the locks) without a court order. If you do, you risk heavy fines.
The bottom line
As you can see, it’s important to know your legal rights as a landlord as well as those of your tenants before taking any eviction action.
It’s also important to read and understand your lease agreement before you begin the eviction process. In addition, always consult the relevant residential tenancy authority in your State or Territory, as well as seek professional advice from your property manager or legal adviser if necessary.
