Eviction Notice NSW — Complete Guide for Landlords

If you’re a self-managing landlord in New South Wales, ending a tenancy is no longer as simple as giving 90 days’ notice with no reason attached. Since 19 May 2025, no-grounds terminations have been abolished. Every termination notice you issue must now state a genuine reason, and for most grounds you must provide supporting documentation and a mandatory Termination Information Statement.

Get the process wrong — wrong ground, wrong notice period, missing documents — and your notice is ineffective. Get it deliberately wrong, and you face penalties of up to 100 penalty units (currently $11,000 for an individual). This guide covers every ground available to landlords, the exact notice periods, the documents you must provide, what happens if the tenant doesn’t leave, and the re-letting restrictions that apply after the tenancy ends.

If you’re dealing with a tenancy that may end in formal notice, keep the NSW lease agreement guide and broader NSW residential tenancies act guide guides nearby. If money is likely to be disputed at the end, our NSW rental bond guide guide is the next page to read.

The End of No-Grounds Terminations

Before 19 May 2025, landlords in NSW could end a periodic tenancy by issuing a termination notice with no reason at all. This is no longer the case. The Residential Tenancies Amendment Act 2024 replaced the old no-grounds framework with a closed list of specific grounds, each with its own notice period, documentation requirements, and re-letting restrictions.

If you previously relied on no-grounds notices to end tenancies — whether to sell, renovate, move family in, or simply because the tenancy wasn’t working — you must now identify and use the correct specific ground. Issuing a termination notice on a ground that is not genuine is a criminal offence under Section 86 of the Act.

Termination notices that were validly given before 19 May 2025 under the old no-grounds provisions remain effective. But any new notice issued on or after that date must comply with the new framework.

What Every Termination Notice Must Include

Regardless of the ground, every termination notice you give must meet these requirements under the Act:

The notice must be in writing and signed by you or your agent. It must include the address of the rental property, the termination date (the date by which the tenant must vacate), and the reason the tenancy is being ended. If supporting documents are required for your ground, they must be provided with the notice. You must also include a copy of the Termination Information Statement — a document published by NSW Fair Trading that explains the tenant’s rights when receiving a termination notice.

The Termination Information Statement is a prescribed document, not something you draft yourself. You can download the current version (dated 20 June 2025) from the NSW Government website. Failing to include it is a procedural deficiency that a tenant can raise at NCAT. While NCAT has power under Section 113 to overlook defects if the tenant suffered no disadvantage, omitting the statement entirely is a significant error — don’t risk it.

Grounds for Termination and Notice Periods

The Act now sets out specific grounds in Sections 87C through 87N. Each ground has its own notice period, and for fixed-term agreements, the termination date generally cannot fall before the end of the fixed term. The one exception is breach of agreement, where the termination date can fall during a fixed term.

Throughout this section, “short fixed term agreement” means a fixed-term agreement of 6 months or less.

Breach of Agreement (Section 87C)

This is the most common ground landlords use and the only one where the notice period is shorter than 60 days. If a tenant has breached the tenancy agreement — including non-payment of rent — you can issue a termination notice with a termination date at least 14 days after the notice is given. This applies to both periodic and fixed-term agreements, and the termination date can fall before the end of a fixed term.

However, a 14-day notice for breach does not guarantee you get the property back. If the tenant doesn’t vacate, you must apply to NCAT for a termination order. NCAT will consider the nature of the breach, whether it has been remedied, the tenant’s history, and any steps you’ve taken. If the tenant has remedied the breach by the hearing date, NCAT may refuse to make the order.

For non-payment of rent specifically: if the tenant pays the outstanding amount or enters a repayment plan with you before the termination date, they are not required to leave. You can still apply to NCAT if the tenant is frequently late with rent, even if the arrears are later repaid — but this requires a Tribunal application, not just a termination notice.

Actual Sale of Premises (Section 87D)

If a contract for sale has been entered into and the contract requires vacant possession, you can issue a termination notice with a minimum of 30 days’ notice for both periodic and fixed-term agreements. For a fixed-term agreement, the termination date must also be on or after the end of the fixed term.

You must provide supporting documentation: either a copy or partial copy of the contract for sale, or a written statement from your solicitor or conveyancer confirming the sale.

This ground has the shortest notice period of any non-breach ground because the sale is already contracted — the tenant has certainty about why they need to leave.

Proposed Sale of Premises (Section 87E)

If you intend to offer the property for sale with vacant possession but have not yet exchanged contracts, the notice periods are longer. For a periodic agreement, you must give at least 90 days’ notice. For a short fixed-term agreement, at least 60 days, and for any other fixed-term agreement, at least 90 days. In both fixed-term cases, the termination date cannot fall before the end of the agreement.

You must provide either a copy of the proposed contract for sale or a copy of the agency agreement with your real estate agent for the sale.

A re-letting restriction of 6 months applies. If you don’t sell the property, you need approval from the Secretary of the Department of Communities and Justice to re-let within that 6-month period. The Secretary must grant approval if you made reasonable efforts to sell and couldn’t — for example, if no acceptable offer was received or your circumstances changed.

Significant Renovations or Repairs (Section 87F)

You can terminate on this ground if the property needs significant renovation or repair works, the premises need to be vacant for the works to be carried out properly, and the works are planned to commence within 2 months of the termination date. The notice periods are 90 days for periodic agreements, 60 days for short fixed-term agreements, and 90 days for other fixed-term agreements (with the termination date on or after the end of the fixed term in both cases).

There is an important restriction: you cannot use this ground if an NCAT repair order under Section 65(2) or a landlord rectification order under Section 65C is currently in force for the property. This prevents landlords from using “renovations” as a pretext to remove a tenant who has successfully complained about the property’s condition.

You must provide a written statement signed and dated by you, explaining when the works will start, why they are significant, and confirming that the property needs to be vacant. From 20 June 2025, you must also provide one of the following: a quotation or contract from a qualified builder or tradesperson (showing their licence or certificate number, a description of the works, and an estimated duration), an owner-builder permit or proof of purchase of materials (if carrying out the works yourself), a development consent applying to the works, written approval from the owners corporation or strata committee, or a development control order requiring the works.

A re-letting restriction of 4 weeks applies after the termination date.

Demolition of Premises (Section 87G)

If you plan to demolish the property and the demolition is planned to commence within 2 months of the termination date, the same notice periods apply as for significant renovations: 90 days (periodic), 60 days (short fixed term), or 90 days (other fixed term).

You must provide a written statement with the demolition start date, a copy of the development consent (if required), a copy of any development control order for the demolition (if applicable), and a copy or partial copy of a contract for demolition that describes the work.

A re-letting restriction of 6 months applies.

Premises No Longer Used as Rental (Section 87L)

If you intend to stop using the property as a rental for at least 12 months — whether to convert it to a business, short-term rental accommodation, or any other non-residential-tenancy use — you can terminate with 90 days’ notice (periodic), 60 days (short fixed term), or 90 days (other fixed term).

You must provide a signed and dated written statement explaining how the property will be used and confirming it will not be rented for at least 12 months. If the new use is a business, you need to include the ABN, a development consent, or a licence number. If converting to short-term rental accommodation (STRA), you must provide proof of STRA register listing.

A re-letting restriction of 12 months applies — the longest of any ground.

Landlord or Family Moving In (Section 87M)

You can terminate if you or a family member will reside at the property for at least 6 months. The notice periods are the same standard structure: 90 days (periodic), 60 days (short fixed term), or 90 days (other fixed term).

“Family member” is defined broadly in the Act. It includes your spouse or de facto partner, and any grandparent, parent, child, grandchild, sibling, child of a sibling, sibling of a parent, or first cousin of either you or your partner. It also includes a dependent who ordinarily lives with you.

You must provide a written statement confirming that you or your family member will live at the property for at least 6 months. If a family member is moving in (not you personally), they must also provide a written statement confirming their relationship to you and their intention to reside there.

A re-letting restriction of 6 months applies. If the intended person cannot move in due to circumstances beyond their control, you need the Secretary’s approval to re-let within that period.

Employee and Caretaker Agreements (Section 87N)

If the tenancy agreement is an employee or caretaker agreement and the employment or caretaker arrangement has ended, you can issue a termination notice. The termination date must be at least 30 days after the notice is given, or on or after the end of the notice period specified in the tenancy agreement — whichever is later.

Other Grounds

The Act also provides termination grounds for specific housing types that most private landlords won’t encounter: tenant no longer eligible for affordable housing (Section 87H), tenant no longer eligible for transitional housing (Section 87I), key worker accommodation (Section 87J), and purpose-built student accommodation where the tenant is no longer a student (Section 87K). These all carry the standard 90/60/90-day notice periods.

Notice Period Summary

Supporting Documents You Must Provide

For five grounds, the Act and Regulation require you to provide specific supporting documents with your termination notice. Providing false or misleading documents is a separate offence under Section 85(2) — up to 100 penalty units for an individual.

Actual sale: A copy or partial copy of the contract for sale, or a written statement from your solicitor or conveyancer confirming the sale.

Proposed sale: A copy of the proposed contract for sale, or a copy or partial copy of the agency agreement with your real estate agent.

Significant renovations or repairs: A written statement from the landlord, signed and dated, explaining why the renovations or repairs are significant, why the property must be vacant for the works, and stating the proposed commencement date. From 20 June 2025, you must also provide one of the following: a copy of a written quotation or contract with a qualified builder or tradesperson (showing the builder’s name, licence or certificate number, description of works, and estimated duration), an owner-builder permit or proof of purchase of materials (if you are carrying out the works yourself), a copy of the development consent (if required for the works), written approval from the owners corporation or strata committee (if required), or a copy of a development control order requiring the works.

Demolition: A written statement from the landlord, signed and dated, stating the proposed commencement date of the demolition. You must also provide a copy of the demolition contract (or part of it) showing the names of each party, a description of the demolition and its address, the commencement date, and the demolition licence number if the work involves licensed demolition work. If development consent is required, include a copy. If a development control order requires the demolition, include a copy of that order.

Premises no longer used as rental: A signed and dated written statement explaining the new use and confirming the property won’t be rented for at least 12 months, plus evidence depending on the new use (ABN, development consent, licence number, or STRA registration proof).

Landlord or family moving in: A written statement from you confirming the person will live there for at least 6 months. If a family member (not you) is moving in, they must also provide a written statement confirming their relationship and intention to reside.

Re-Letting Restrictions

This is one of the most significant changes from the 2024 reforms. After you terminate a tenancy on certain grounds, you cannot simply re-let the property to a new tenant within a specified exclusion period. Re-letting during the exclusion period without approval from the Secretary is an offence carrying penalties of up to 100 penalty units.

The exclusion periods are: 12 months for change of use (no longer rental), 6 months for proposed sale, demolition, and landlord/family move-in, and 4 weeks for significant renovations.

If your plans change — the sale falls through, the renovation can’t proceed, the family member can’t move in — you must apply to the Secretary for approval before re-letting. The Secretary will approve if the failure was due to circumstances beyond your control (or, for proposed sale, if you made reasonable efforts but couldn’t sell).

You must also notify your agent about any exclusion period applying to the property. If you fail to notify and the agent re-lets during the exclusion period, you face the penalty — though the agent has a defence if they didn’t know and couldn’t reasonably have found out.

The Long-Term Tenancy Protection (Section 87B)

If a tenant has been in continuous possession of the same property for 20 years or more, you cannot give a termination notice on any of the standard grounds listed above — with two exceptions. You can still terminate for breach of agreement (Section 87C) and for actual sale where a contract has already been entered into (Section 87D).

For all other grounds involving a long-term tenant, you must apply directly to NCAT under Section 94. NCAT can make a termination order if you would have had a valid ground but for the 20-year protection, and NCAT considers it appropriate in the circumstances.

Termination by NCAT (Without a Notice)

Some situations allow you to bypass the termination notice process entirely and apply directly to NCAT for a termination order. These are the more serious scenarios:

Serious damage or injury (Section 90): If the tenant or any occupant has intentionally or recklessly caused serious damage to the property or neighbouring property, or injury to you, your agent, employees, or neighbours, NCAT can order immediate termination — including immediate possession.

Illegal use of premises (Section 91): If the property is being used for the manufacture, sale, cultivation, or supply of prohibited drugs, or for any other unlawful purpose sufficient to justify termination, NCAT can order termination.

Breach of Tribunal rectification order (Section 92A): If a tenant has failed to comply with a tenant rectification order previously issued by NCAT, you can apply for termination.

Threat, abuse, intimidation, or harassment (Section 92): If the tenant or any occupant has seriously or persistently threatened or abused you, your agent, or their employees, or has intentionally engaged in conduct reasonably likely to intimidate or harass any such person, NCAT can order termination.

Hardship (Section 93): If you would suffer undue hardship if the tenancy continued — for example, you need to sell urgently due to financial difficulty — NCAT can terminate the agreement. NCAT may also order you to compensate the tenant for their loss.

None of these require a termination notice first. You apply directly to the Tribunal.

Frustrated agreements (Section 109): If the rental property is destroyed or becomes wholly or partly uninhabitable (other than as a result of a breach by the tenant), either you or the tenant can terminate by giving a termination notice. If the agreement is wholly frustrated, either party can apply to NCAT for a termination order. This is a separate pathway from the grounds-based framework above — it deals with situations where the property can no longer be lived in, not situations where the landlord has a reason to end the tenancy.

What Happens If the Tenant Doesn’t Leave

The NCAT process depends on which ground you used.

For all grounds except breach of agreement, you apply to NCAT for a termination order under Section 89A. NCAT must make the order if it’s satisfied the notice was given in accordance with the Act, the ground is genuine, and the tenant hasn’t vacated. There is no discretion here — if the three conditions are met, the order follows.

For breach of agreement (Section 87C), you apply to NCAT under Section 87C(3) — not Section 89A. Section 87C(6) explicitly excludes breach notices from the Section 89A process. Under 87C(3), NCAT may make the order (not “must”) if satisfied the tenant breached the agreement and the breach is sufficient to justify termination. NCAT has discretion to consider the nature of the breach, previous breaches, whether the tenant has remedied it, steps you’ve taken, and the overall history of the tenancy. NCAT can refuse the order under Section 87C(5) if it’s satisfied the tenant has remedied the breach.

This distinction matters. For non-breach grounds, the Tribunal’s role is essentially to verify your paperwork and the genuineness of your reason. For breach, the Tribunal makes a judgment call about whether termination is warranted in the circumstances.

Disputing a termination notice (Section 111): A tenant can apply to NCAT for a declaration that your termination notice was not given in accordance with the Act, or that the ground is not genuine. If NCAT makes either declaration, it must refuse to make a termination order under Section 111(4). A tenant can make this application before or after the termination date, and must do so within 3 months after the termination date.

Defects in notices (Section 113): NCAT can overlook a defect in a termination notice or its service if it considers it appropriate and is satisfied the tenant suffered no disadvantage from the defect. This does not excuse substantive errors — such as using the wrong ground or the wrong notice period — but it may save a notice with a minor procedural irregularity.

Suspension of possession orders (Section 114): Even after making a termination order, NCAT can suspend the possession order for a specified period if it considers it desirable, having regard to the relative hardship to you and the tenant. NCAT can require the tenant to pay an occupation fee during the suspension period. This means there may be a gap between the termination order and when you can actually recover the property.

If the tenant still doesn’t leave after NCAT makes a termination order (and any suspension period has expired), you apply for a warrant for possession. A Sheriff’s Officer will then enforce the warrant and remove the tenant.

You cannot lock a tenant out under any circumstances. Self-help eviction — changing the locks, removing the tenant’s belongings, disconnecting utilities — is an offence under Section 120 of the Act, carrying a maximum penalty of 200 penalty units ($22,000 for an individual). This is a higher penalty than the 100 penalty units for issuing a non-genuine termination notice. Only a Sheriff’s Officer enforcing a warrant for possession issued by NCAT or a court can lawfully remove a tenant.

Retaliatory Evictions (Section 115)

NCAT has the power to declare a termination notice ineffective or refuse to make a termination order if it’s satisfied the notice was retaliatory. A retaliatory notice is one given because the tenant exercised a right under the Act — for example, requesting repairs, applying to NCAT for a compliance order, or joining a tenants’ association.

As a landlord, this means you need to be careful about timing. If you issue a termination notice shortly after a tenant makes a repair request or lodges a complaint, the tenant can argue the notice was retaliatory — even if you had a legitimate reason. Make sure you can clearly demonstrate that your ground is genuine and unrelated to any complaint or request.

The Tenant’s Right to Leave Early

When a tenant receives a termination notice, they don’t have to wait until the termination date to leave.

If the tenant is on a periodic agreement, they can leave at any time before the termination date without further notice. They stop paying rent once they’ve vacated.

If the tenant is on a fixed-term agreement, they can give you an early exit notice — at least 14 days before the date they intend to leave. The early exit notice cannot be given earlier than 60 days before the end of the agreement (for fixed terms of 6 months or less) or 90 days before the end (for longer fixed terms). Once they leave and the early exit notice takes effect, they are not required to pay rent for the remaining period.

There is one important exception: the early exit mechanism under Section 110B does not apply if the tenant received a termination notice for breach of agreement (Section 87C) or for a frustrated agreement (Section 109). These are defined as “prescribed termination notices” in Section 110B(4), and tenants who receive them cannot use early exit.

The Mandatory End-of-Tenancy Survey

From 1 July 2025, when you claim or release a rental bond through Rental Bonds Online, you must complete a mandatory survey about how the tenancy ended. If you ended the tenancy, the survey asks which ground you used. You have 14 days from the initial bond claim to complete the survey. Non-compliance carries a penalty notice of $110 under Clause 23L of the Residential Tenancies Regulation 2019.

This is directly linked to the termination framework — NSW Fair Trading is now tracking the reasons landlords give for ending tenancies. If you terminated on a specific ground but your survey answer doesn’t match, or if patterns emerge across your properties, expect scrutiny.

If the tenancy ends and money or damage is disputed, our NSW rental bond guide and NSW condition report guide guides explain the evidence side. If the dispute began with a fixed-term agreement, our NSW break lease guide guide is the other page most landlords usually need.

Common Mistakes Landlords Make

Issuing a Notice Without Supporting Documents

For any ground that requires supporting documentation, your notice is procedurally deficient without it. The tenant can challenge the notice at NCAT, and NCAT can declare it was not given in accordance with the Act. Don’t assume you can provide the documents later — they must accompany the notice.

Forgetting the Termination Information Statement

Every termination notice must be accompanied by the Termination Information Statement. It’s a separate document published by NSW Fair Trading, not something you write. Download the current version and include it with every notice.

Using the Wrong Notice Period

Each ground has a specific minimum notice period, and these vary depending on whether the agreement is periodic, a short fixed term (6 months or less), or a longer fixed term. Using the breach notice period (14 days) when you’re actually terminating for sale or renovation will invalidate your notice.

Terminating for a Non-Genuine Reason

This is the one that carries criminal penalties. If you issue a termination notice on a ground that isn’t genuine — for example, claiming you’re going to renovate when you actually intend to re-let at higher rent — you can be prosecuted. The penalty is up to 100 penalty units ($11,000 for an individual, $71,500 for a corporation). NSW Fair Trading can investigate and prosecute these matters.

Locking the Tenant Out

Self-help eviction is illegal in NSW regardless of the circumstances. Even if the tenant is months behind on rent, even if they’ve been given a valid termination notice and the date has passed — you cannot change the locks, remove their belongings, or disconnect services. The penalty under Section 120 is up to 200 penalty units ($22,000 for an individual) — higher than the penalty for issuing a non-genuine termination notice. The only lawful path is through NCAT and, if necessary, a Sheriff’s warrant.

Ignoring the Re-Letting Restriction

If you terminate on a ground that carries a re-letting restriction and then re-let the property within the exclusion period without the Secretary’s approval, you commit a further offence. This is a new trap under the 2024 reforms that many landlords aren’t yet aware of.

Frequently Asked Questions About Eviction Notices in NSW

Can I evict a tenant with no reason in NSW? No. Since 19 May 2025, no-grounds terminations have been abolished in NSW. Every termination notice must state a genuine reason from the list set out in the Residential Tenancies Act 2010. Issuing a notice on a ground that is not genuine is a criminal offence.

How much notice do I need to give a tenant in NSW? It depends on the ground. For breach of agreement, the minimum is 14 days. For an actual sale (contract exchanged), 30 days. For most other grounds — proposed sale, renovation, demolition, change of use, landlord/family move-in — you must give at least 90 days for periodic agreements and fixed terms over 6 months, or 60 days for fixed terms of 6 months or less. For fixed-term agreements, the termination date generally cannot fall before the end of the fixed term.

What is the Termination Information Statement? It is a document published by NSW Fair Trading that explains a tenant’s rights when they receive a termination notice. You must include a copy with every termination notice you give. The current version is dated 20 June 2025 and can be downloaded from the NSW Government website.

What happens if my tenant doesn’t leave after the termination date? You apply to NCAT for a termination order. For all grounds except breach, you apply under Section 89A — NCAT must make the order if satisfied your notice was valid and the ground is genuine. For breach of agreement, you apply under Section 87C(3) — NCAT has discretion and may refuse if the breach has been remedied. If the tenant still doesn’t leave after the order, you apply for a warrant for possession, which is enforced by a Sheriff’s Officer.

Can I change the locks if a tenant won’t leave? No. Under no circumstances can you lock a tenant out, remove their belongings, or disconnect services. Self-help eviction is an offence under Section 120, carrying a maximum penalty of 200 penalty units ($22,000 for an individual). The only lawful way to remove a tenant who won’t leave is through a warrant for possession issued by NCAT or a court, enforced by a Sheriff’s Officer.

What is a re-letting restriction? After you terminate a tenancy on certain grounds, you are prohibited from entering into a new tenancy agreement for the property for a specified period. The periods range from 4 weeks (significant renovations) to 12 months (change of use). Re-letting during this period without approval from the Secretary is an offence.

Can a tenant challenge my termination notice? Yes. Under Section 111, a tenant can apply to NCAT for a declaration that your notice was not given in accordance with the Act, or that the ground is not genuine. If NCAT makes either declaration, it must refuse to make a termination order (Section 111(4)). Under Section 115, NCAT can also declare a notice ineffective if it was retaliatory. The tenant must apply within 3 months after the termination date.

What if my tenant pays the rent arrears after I give a breach notice? If the tenant pays the outstanding rent or enters a repayment plan before the termination date, they are not required to leave. However, if the tenant is frequently late with rent, you can still apply to NCAT for a termination order — even if all arrears have been repaid by the hearing.

Does the 20-year rule apply to me? If your tenant has been in continuous possession of the same property for 20 years or more, you cannot give a termination notice on most grounds. You can still terminate for breach of agreement or actual sale (contract exchanged). For other grounds, you must apply directly to NCAT under Section 94.

What penalties apply for getting it wrong? Issuing a termination notice on a non-genuine ground carries a penalty of up to 100 penalty units ($11,000 for an individual, $71,500 for a corporation). The same penalty applies for providing false or misleading supporting documents, and for re-letting during an exclusion period without approval. NSW Fair Trading can investigate and prosecute these offences.

Summary

Ending a tenancy in NSW is a structured, legally prescribed process. Since the 2024 reforms took effect on 19 May 2025, every termination requires a genuine reason, specific documentation, the correct notice period, and a copy of the Termination Information Statement. The penalties for non-compliance are significant, and the re-letting restrictions mean you need to think carefully about the long-term consequences before you issue a notice.

For self-managing landlords, this is one of the most complex and high-risk areas of tenancy management. A single error — wrong ground, wrong notice period, missing documents — can delay the process by months and cost you thousands in lost rent and Tribunal fees.

Related guides for NSW landlords

If you are building out the full landlord workflow for this state, these guides connect this page to the rest of the tenancy process.

Same-state guides

• NSW lease agreement guide
• NSW rental bond guide
• NSW condition report guide
• NSW rent increase guide
• NSW break lease guide

Compare eviction and notice guides in other states

• WA eviction notice guide
• QLD eviction notice guide
• VIC notice to vacate guide
• SA eviction notice guide
• Tasmania eviction notice guide
• ACT eviction notice guide