How to Evict a Tenant in NSW — Step-by-Step Guide for Landlords

Evicting a tenant in NSW is not as simple as asking them to leave. The Residential Tenancies Act 2010 sets out a strict legal process that every landlord must follow — and the consequences of getting it wrong range from having your termination notice thrown out at NCAT to being fined thousands of dollars.

Since 19 May 2025, the rules have changed significantly. No-grounds terminations have been abolished. Every termination notice must now state a specific, genuine reason, and for most grounds you must provide supporting documents and a Termination Information Statement. If your reason is not genuine, you face penalties of up to 100 penalty units for an individual.

This guide walks you through the eviction process from start to finish: confirming you have a valid ground, issuing the notice correctly, what to do if the tenant disputes or refuses to leave, and the NCAT process for obtaining a termination order and possession.

For a detailed breakdown of every termination ground, notice period, and supporting document requirement, see our Eviction Notice NSW guide.

If you’re working through a live termination, keep the NSW eviction notice guide and broader NSW residential tenancies act guide guides alongside this page. If the tenancy is likely to end in a money dispute, our NSW rental bond guide guide is the next page to read.

Step 1: Confirm You Have a Valid Ground

The first thing to understand is that you cannot evict a tenant simply because you want the property back or because the lease has expired. Every termination must be based on a specific ground set out in the Act.

The grounds most relevant to private landlords are:

Breach of agreement (Section 87C) — the tenant has breached the tenancy agreement. This includes non-payment of rent, water usage charges, or utility charges (electricity, gas, or oil), damaging the property, interfering with neighbours, keeping an unapproved pet, or failing to maintain the premises. For rent or charges arrears specifically, the amount must have been unpaid for at least 14 days before you can issue the notice.

Property sold with vacant possession required (Section 87D) — a contract for sale has been entered into and the contract requires vacant possession. You must provide a copy or partial copy of the contract, or a written statement from your solicitor or conveyancer confirming the sale.

Property being offered for sale (Section 87E) — you intend to sell the property and the contract will require vacant possession. You must provide a copy of a proposed contract for sale or a copy of an agency agreement with a real estate agent.

Significant renovations or repairs (Section 87F) — the property needs significant work and must be vacant for the works to be carried out properly. The works must be planned to commence within 2 months of the termination date. You cannot use this ground if a current Tribunal repair order or landlord rectification order applies to the property.

Demolition (Section 87G) — the property will be demolished and the demolition is planned to commence within 2 months of the termination date.

Premises no longer to be rented (Section 87L) — the property will cease to be used as a residential rental for at least 12 months. This includes converting to short-term rental accommodation (STRA), using the property for a business, or simply withdrawing it from the rental market.

Landlord or family moving in (Section 87M) — you or a family member will reside at the property for at least 6 months. Family member is broadly defined and includes your spouse or de facto partner, parents, grandparents, children, grandchildren, siblings, aunts, uncles, nieces, nephews, first cousins, and dependents who ordinarily reside with you.

There are additional grounds for specific tenancy types — student accommodation, social housing, affordable housing, transitional housing, key worker housing, and employee or caretaker tenancies. For the full list, see our Eviction Notice NSW guide.

What About Tenants Who Have Been There 20+ Years?

If your tenant has been in continuous possession of the premises for 20 years or more, you cannot give a termination notice on most grounds. The exceptions are breach (Section 87C) and actual sale (Section 87D). For all other grounds, you must apply directly to NCAT under Section 94, and the Tribunal will decide whether it is appropriate to make a termination order in the circumstances.

Step 2: Calculate the Correct Notice Period

The notice period depends on the ground for termination and whether the tenancy is periodic, a short fixed-term agreement (6 months or less), or a longer fixed-term agreement.

14 days’ notice — breach of agreement (Section 87C). For non-payment of rent, water usage charges, or utility charges, the amount must have been unpaid for at least 14 days before you issue the notice, and then the termination date must be at least 14 days after the notice is given. The notice can specify a termination date before the end of a fixed term.

30 days’ notice — actual sale requiring vacant possession (Section 87D). For periodic tenancies, at least 30 days. For fixed-term tenancies, at least 30 days and on or after the end of the fixed term. Also applies to employee or caretaker tenancies (Section 87N), where the termination date must be the later of 30 days or the end of the notice period specified in the tenancy agreement.

60–90 days’ notice — proposed sale, significant renovations or repairs, demolition, premises no longer to be rented, and landlord or family moving in (Sections 87E, 87F, 87G, 87L, and 87M). For periodic agreements, at least 90 days. For short fixed-term agreements (6 months or less), at least 60 days and on or after the end of the agreement. For longer fixed-term agreements, at least 90 days and on or after the end of the agreement.

The critical point for fixed-term tenancies: you generally cannot require a tenant to leave before the end of the fixed term. The termination date must fall on or after the agreement’s end date. The exception is breach — a breach termination notice can specify a date before the end of the fixed term.

Step 3: Prepare Your Termination Notice and Documents

Your termination notice must be in writing and include the address of the rental property, the date the tenant is required to move out, the reason for termination, and your signature and the date.

You must also provide two additional items with every termination notice:

1. Termination Information Statement — this is a mandatory document published by NSW Fair Trading that explains the tenant’s rights when receiving a termination notice, including their right to dispute the notice at NCAT. You must give a copy to the tenant with every termination notice, regardless of the ground.

2. Supporting documents (for most grounds) — the specific documents required depend on the ground. For the grounds most commonly used by private landlords:

Actual sale (Section 87D): A copy or partial copy of the contract for sale showing the vendor’s name, purchaser’s name, property address (including lot and plan numbers), date signed, proposed completion date, that vacant possession is required, and, if applicable, the names of solicitors or conveyancers and agents involved in the sale. Alternatively, a written statement from your solicitor or conveyancer confirming these details.

Proposed sale (Section 87E): A copy of the proposed contract for sale (showing vendor’s name, property address, lot/plan numbers, and that vacant possession is required along with the relevant conveyancing documents), or a copy or partial copy of the agency agreement with a real estate agent (showing both parties’ names, property details, agent’s licence number, and the agreement’s duration).

Significant renovations or repairs (Section 87F): A signed and dated written statement from you explaining why the renovations are significant, why the property must be vacant, and the proposed commencement date of the works. You must also provide one of the following: a builder or tradesperson quotation or contract (showing your name, the tradesperson’s name and licence number, a description of the works, the address, the commencement date if a contract, and an estimated duration), an owner-builder permit or proof of purchase of materials (if you are doing the work yourself), a development consent, owners corporation or strata committee approval, or a development control order.

Demolition (Section 87G): A signed and dated written statement from you with the proposed commencement date, a copy or partial copy of the demolition contract (showing the parties’ names, description of demolition, commencement date, and demolition licence number if applicable), a copy of any required development consent, and a copy of any applicable development control order.

Premises no longer to be rented (Section 87L): A signed and dated written statement from you explaining how the property will be used after the termination date and confirming it will not be rented for at least 12 months. If the new use is a business, you must also provide the ABN, a development consent, or a business licence number. If converting to short-term rental accommodation, you must provide proof of registration on the STRA register.

Landlord or family moving in (Section 87M): A signed and dated written statement from you confirming that you (or your family member) will reside at the property for at least 6 months. If a family member is moving in, your statement must also state the relationship between you and the family member. In addition, a written statement from the family member confirming their relationship to you and that they will reside at the property for at least 6 months. Only one family member statement is required even if multiple family members are moving in.

You are entitled to redact certain personal information from supporting documents before giving them to the tenant, including information not specifically required by the Regulation, payment method details on receipts, and your personal address, email, and phone number.

A Note on Non-Payment of Rent, Water, or Utility Charges

For non-payment termination notices, no supporting documents are required beyond the notice itself. However, the notice must inform the tenant that they are not required to vacate if they pay all the rent, water usage charges, or utility charges owing or enter into and comply with a repayment plan agreed with you — unless NCAT makes a termination order on the basis that the tenant has frequently failed to pay on time.

If the tenant pays all amounts owing or enters a repayment plan before the termination date, you cannot proceed to NCAT on non-payment grounds alone. However, you can still apply under Section 89(5) if the tenant has a pattern of frequently failing to pay rent or water usage charges on time, even if each individual shortfall is subsequently paid.

Step 4: Serve the Termination Notice

The notice must be given to the tenant. Under the Act, a notice can be served by delivering it personally, posting it by pre-paid mail to the tenant’s address for service, or by email if the tenant has agreed to electronic service in the tenancy agreement. If serving by post, allow extra days for delivery.

Keep a record of how and when you served the notice. If the matter goes to NCAT, you will need to demonstrate that the notice was properly served.

Step 5: Wait for the Notice Period to Expire

Once the notice is served, you must wait for the full notice period to expire. You cannot take any action to remove the tenant before the termination date. During this period, the tenant may choose to vacate voluntarily, dispute the notice at NCAT, or pay the arrears (if the notice was for non-payment).

What If the Tenant Vacates Early?

If a landlord issues a termination notice and the tenant is on a periodic tenancy, the tenant can vacate at any time before the termination date and is not liable for rent after they give vacant possession (Section 110A).

For fixed-term tenancies, the tenant can give an “early exit notice” specifying a date at least 14 days after their notice, and they are not liable for rent after both that date passes and vacant possession is given. The tenant can only give this early exit notice within the last 60 days of a short fixed-term agreement, or the last 90 days of a longer fixed-term agreement (Section 110B(2)). This early exit option does not apply to breach notices (Section 87C) or frustrated agreement notices (Section 109).

Step 6: If the Tenant Does Not Leave — Apply to NCAT

If the tenant does not vacate by the termination date, you must apply to the NSW Civil and Administrative Tribunal (NCAT) for a termination order. You cannot lock the tenant out, change the locks, cut off utilities, remove their belongings, or take any other self-help measures. Doing so is an offence under the Act, and you may be ordered to pay compensation.

NCAT Applications for Most Grounds

For all termination grounds except breach, you apply under Section 89A. NCAT must make the termination order if it is satisfied that the termination notice was given in accordance with the Act, the ground for the notice is genuine, and the tenant has not vacated as required.

This means the Tribunal has limited discretion — if your notice was properly issued and your reason is genuine, the order will be made.

NCAT Applications for Breach

Breach termination notices follow a different path. Section 89A does not apply to breach notices (Section 87C(6) explicitly excludes them). Instead, NCAT considers the application under Section 87C(3), where the Tribunal may make a termination order — it is not required to.

NCAT will consider the nature of the breach, previous breaches, steps taken by the tenant to remedy the breach, steps you took about the breach, the previous history of the tenancy, and any other relevant matter. Crucially, NCAT may refuse to make a termination order if it is satisfied the tenant has remedied the breach.

This means breach-based terminations are harder to enforce at NCAT than other grounds. You should document the breach thoroughly, including any communications, photos, and records of prior warnings.

Direct Applications to NCAT (No Notice Required)

In some serious situations, you can apply directly to NCAT for a termination order without first issuing a termination notice. These include serious damage or injury caused by the tenant or occupant (Section 90), use of the premises for illegal purposes such as drug manufacture or supply (Section 91), threats, abuse, intimidation, or harassment of the landlord, agent, or their employees (Section 92), failure to comply with a tenant rectification order (Section 92A), and undue hardship to the landlord (Section 93).

For drug-related offences and serious damage or injury, NCAT can order that possession takes effect immediately.

Step 7: Enforce the Order — Sheriff’s Officer

If NCAT makes a termination order and the tenant still does not leave, you apply for a warrant for possession. Only a Sheriff’s Officer can legally remove a tenant from the property under a warrant for possession.

You cannot lock the tenant out yourself under any circumstances. Heavy penalties apply for self-help evictions.

Suspension of Possession Orders

NCAT has the power to suspend a possession order for a specified period if it is satisfied that doing so is appropriate, having regard to the relative hardship to the landlord and tenant. During any suspension period, NCAT may require the tenant to pay an occupation fee.

Re-Letting Restrictions After Eviction

If you evict a tenant on certain grounds, you cannot re-let the property for a prescribed period without the approval of the Secretary of the Department of Fair Trading. These re-letting restrictions (also called tenancy exclusion periods) are designed to prevent landlords from using eviction grounds dishonestly — for example, claiming you intend to move in and then immediately re-letting the property to a new tenant at a higher rent.

The re-letting restriction periods are: 12 months if you ended the tenancy because the premises will no longer be used as a rental, 6 months for proposed sale, landlord or family moving in, or demolition, and 4 weeks for significant renovations or repairs.

If circumstances genuinely change and you need to re-let the property within the exclusion period, you must apply to the Secretary for approval. For most grounds, the Secretary will grant approval if satisfied that the original plan could not proceed because of circumstances beyond your control. For proposed sale specifically, the test is different — the Secretary must be satisfied that you made reasonable efforts to sell the premises but were unable to, whether because no acceptable offer was made, you were otherwise unable to sell, or you experienced exceptional changes to life circumstances (Section 87E(4)).

It is an offence to enter into a new tenancy agreement during an exclusion period without approval — penalties of up to 100 penalty units for an individual apply.

Retaliatory Evictions

NCAT can declare a termination notice has no effect, or refuse to make a termination order, if it is satisfied the notice was retaliatory. A notice or application is retaliatory if it was given because the tenant exercised their rights under the Act — for example, requesting repairs, reporting a breach to NSW Fair Trading, or applying to NCAT for a rent reduction.

The practical implication: if you have an outstanding repair request or the tenant has recently complained, issuing a termination notice creates a risk that NCAT will treat it as retaliatory. Address any maintenance issues and complaints before considering termination.

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 That Can Cost You

Issuing a Notice Without a Genuine Ground

Every termination notice must state a reason that is genuine at the time you issue it. If NCAT declares the ground is not genuine, it must refuse to make a termination order — and you may face penalties of up to 100 penalty units. If you are thinking about selling the property “sometime in the future” but have not entered into a contract or engaged an agent, you do not yet have a ground under Section 87D or 87E.

Missing or Incomplete Supporting Documents

For most grounds, you must provide specific supporting documents with the termination notice. Missing documents, incomplete documents, or documents that do not contain the information prescribed by the Regulation can invalidate your notice. For significant renovations in particular, the requirements were expanded from 20 June 2025 — a general written statement is no longer sufficient on its own. You now also need a builder’s quotation or contract, owner-builder permit, development consent, or similar.

Forgetting the Termination Information Statement

Every termination notice must be accompanied by the Termination Information Statement. This is a separate document published by NSW Fair Trading. If you do not include it, your notice may be challenged at NCAT.

Trying to Remove the Tenant Yourself

You cannot lock the tenant out, remove doors, cut off utilities, or interfere with their access to the property. Even if NCAT has made a termination order, only a Sheriff’s Officer can enforce it. Self-help eviction is an offence and can result in fines and compensation orders.

Getting the Notice Period Wrong

Count the days carefully. The notice period runs from the day the notice is given (not the day before), and the termination date must be at least the required number of days after the notice is given. For fixed-term tenancies, the termination date must also be on or after the end of the fixed term (except for breach). Getting this wrong by even one day can invalidate the notice.

Frequently Asked Questions About Evicting a Tenant in NSW

Can I evict a tenant without a reason in NSW? No. Since 19 May 2025, no-grounds terminations have been abolished in NSW. You must provide a specific reason from the grounds set out in the Residential Tenancies Act 2010, along with supporting documents (for most grounds) and a Termination Information Statement. It is an offence to give a termination notice on a ground that is not genuine.

How long does the eviction process take in NSW? The timeline depends on the ground and whether the tenant cooperates. At minimum, you must give the required notice period (14 to 90 days). If the tenant does not leave voluntarily, you then need to apply to NCAT for a termination order, which adds further time for the application to be heard. If the tenant still does not leave after NCAT issues the order, you apply for a warrant for possession to be enforced by a Sheriff’s Officer. From issuing the notice to Sheriff enforcement, the process can take several months.

Can I evict a tenant during a fixed-term lease? It depends on the ground. For breach of agreement (Section 87C), non-payment of rent (Section 88), and the direct NCAT application grounds (serious damage, illegal use, threats, hardship), the termination date can be before the end of the fixed term. For most other grounds — sale, renovations, demolition, landlord moving in — the termination date must be on or after the end of the fixed term. You cannot require the tenant to leave mid-lease on these grounds.

What happens if the tenant pays the rent they owe after I issue the notice? If you issued a non-payment termination notice and the tenant pays all the rent, water usage charges, or utility charges owing, or enters into and complies with a repayment plan you agree to, the termination ceases to have effect and NCAT cannot make a termination order on non-payment grounds. However, if the tenant has a pattern of frequently failing to pay rent or water usage charges on time, you can still apply to NCAT under Section 89(5) for a termination order, even if all arrears have been paid.

What if the tenant disputes my termination notice? The tenant can apply to NCAT to challenge the notice on the basis that it was not given properly, the ground is not genuine, or the notice is retaliatory. NCAT can declare the notice has no effect or refuse to make a termination order. This is why it is critical to ensure your ground is genuine, your notice period is correct, and your supporting documents are complete.

Can I change the locks after the tenant leaves? Once the tenant has vacated and given vacant possession, yes. But you cannot change the locks while the tenant is still in possession, even if the termination date has passed. Only a Sheriff’s Officer can enforce a possession order if the tenant refuses to leave.

What is a “short fixed term agreement” for the purposes of notice periods? The Act defines a short fixed term agreement as a fixed-term agreement for a fixed term of 6 months or less. For these agreements, the landlord generally must give at least 60 days’ notice (compared to 90 days for longer fixed-term agreements), and the termination date must be on or after the end of the agreement.

Can I evict a tenant who has been there for more than 20 years? Only on limited grounds. If the tenant has been in continuous possession for 20 years or more, you can issue a termination notice only for breach (Section 87C) or actual sale (Section 87D). For all other grounds, you must apply directly to NCAT under Section 94, and the Tribunal will decide based on the circumstances.

Do I need to complete the mandatory end-of-tenancy survey? Yes. From 1 July 2025, when claiming or releasing a rental bond in Rental Bonds Online, you or your agent must complete a mandatory survey within 14 days of the initial bond claim. The survey asks who ended the tenancy and the reason. Penalties may apply for non-compliance. For more details, see our Rental Bond NSW guide.

Summary

Evicting a tenant in NSW is a structured legal process with no shortcuts. Since the 2024–2025 reforms, every eviction must be grounded in a specific reason, supported by documents, and accompanied by a Termination Information Statement. If the tenant does not leave voluntarily, only NCAT can order termination and only a Sheriff’s Officer can enforce possession.

The most important things to get right: confirm your ground is genuine before issuing the notice, include all required supporting documents, serve the Termination Information Statement, calculate the notice period correctly, and never attempt to remove the tenant yourself.

For a detailed reference on every termination ground, notice period, and supporting document requirement, see our Eviction Notice NSW guide. For more about your obligations under the Act, see the Residential Tenancies Act NSW overview.

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 process guide
• QLD eviction process guide
• 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

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