As a landlord/investment property owner, you rely on your tenants as much as they rely on you.
Great tenants are worth their weight in gold but even if they don’t cause you any trouble, there may come a time when you need to ask them to move out. While this is possible, there are rules you have to adhere to.
How to evict tenants in Australia
The easiest way to ask tenants to vacate your investment premises is to wait until their contract is almost up and let them know you don’t plan to renew it. In this case, you will have to issue your request in writing and provide the right amount of notice.
Notice periods vary depending on the length of the rental agreement in place and the state your property is based in. For example, in Victoria, when a fixed-term agreement of 6 months or more (but not more than 5 years) is ending, you must give notice 90 days before the end of the initial fixed-term agreement. For the end of a fixed term agreement in Queensland, the minimum notice is two months.
Notice must include clear details about when the tenancy agreement ends and when the tenant is expected to move out. A reliable property manager can help ensure you provide a letter that is compliant with legislation in your state.
The rules change if your tenant has breached their contract or failed to pay their rent as agreed. In this case, different rules apply for different locations and circumstances, for example 14 days notice for a general breach in contract for Queensland renters.
Evicting a tenant with ‘genuine reason’
Evicting a tenant can be tricky if you do not provide the right reasons. For example, you may find yourself in hot water if your eviction request is in response to a tenant asking for reasonable repairs, requesting to have a pet or challenging a proposed rent increase.
As recently reported, the NSW Government has proposed new legislation to end the practice of no-grounds evictions. If the changes go ahead, if you decide to end a lease in NSW, evidence must be provided along with a termination notice and fines may apply if the reasons for the eviction aren’t genuine.
Genuine reasons include:
• The renter breaching the lease, damaging property or failing to pay rent
• The owner selling the property
• The owner making repairs, renovating or demolishing the home (rules apply to how quickly you can re-lease the property after you have asked someone to move out so you can renovate)
• The property no longer being used as a rental
• If the renter has previously been eligible for an affordable housing program but this has changed
• If the renter was previously a student in student accommodation but their status has changed
Avoid an unfair eviction penalty
Asking your tenants to leave is acceptable, but the rules about the process and requirements can be confusing, even if you have a genuine reason.
This is why it makes sense to work with a qualified and experienced property manager. Enlist the support of a professional who can confirm your reasons are legally valid, help you give notice in the appropriate way and negotiate terms if you need to end an agreement in unusual circumstances.
Need help to manage or evict a tenant? Reach out to teresa@teresaberger.com.au for property management advice today.
