The new eviction rules came into effect on 19 May 2025. This means that ‘no grounds’ evictions are now unlawful. The landlord must have a valid legal reason with evidence, to evict you. This applies to all residential tenancy agreements – both fixed-term and periodic (ongoing) agreements. The changes are summarised below, but for more information, see our fully updated Factsheet: Eviction – landlord ends tenancy.
If you received a termination notice before 19 May 2025, the old eviction laws still apply to you. See our old factsheet: Landlord ends agreement and contact your local Tenants Advice and Advocacy Service if you need advice.
What were ‘no grounds’ evictions?
Before 19 May 2025, NSW landlords could end a tenancy for any reason or no reason at all, as long as they provide the required notice period. This was commonly known as a 'no grounds' eviction. See Blog: Time to end the trauma of no grounds evictions.
What are ‘reasonable grounds’ for eviction?
The new legally valid reasons for eviction include:
- Significant renovations/repairs or demolition of the property, that mean you need to move out of the property
- A change in the use of the property, in situations where the property will no longer be used as a rental (e.g. it will be used for a business or a short-term holiday rental)
- The owner or a ‘relevant person’ from their family will move into the property
- The landlord will sell the property
- Eligibility:
- The renter is living in affordable or transitional housing and is not eligible for that housing program any more or the program has ended
- The renter is living in purpose-built student housing and is not enrolled as a student anymore
- The premises are part of NSW government key worker housing scheme and are needed to house a priority key worker
These reasons existed previously, and are still valid:
- Breach by the tenant (such as non-payment of rent)
- Sale of premises requiring vacant possession
- The agreement is an employee or caretaker agreement, and the employment or caretaker arrangement has ended
- Other extraordinary grounds, including hardship to the landlord, death of tenant, ‘uninhabitability’, and others.
For more information see ‘What reasons can the landlord use to end my tenancy?’ in our updated Factsheet: Eviction – landlord ends tenancy.
Have notice periods changed?
Previously, ‘no grounds’ eviction provisions only provided 30 days notice at the end of a fixed-term and 90 days notice for periodic (ongoing) tenancies.
The new notice periods for non-breach reasons are:
- The landlord must usually give at least 90 days notice to end a fixed-term agreement of over 6 months, or a periodic agreement.
- The landlord must usually give at least 60 days notice to end a fixed-term agreement of 6 months or less.
- In the case of actual sale of property, the landlord must give at least 30 days notice to end a fixed-term or periodic agreement
- For employee or caretaker agreement, the termination date in the notice must be 30 days from when the notice is given, or from the notice period for termination in your agreement, whichever is later
It is still the case that if you breach the agreement (e.g. for overdue rent), you can be issued a 14-day termination notice. There are also still circumstances where the landlord/agent can give an immediate notice of termination or seek immediate termination at the NSW Civil and Administrative Tribunal.
For more information see ‘How much notice must the landlord give me?’ in our updated Factsheet: Eviction – landlord ends tenancy.
If you have received a termination notice, and you want to leave before the date in the notice, the rules have changed for how you can do this in a fixed term agreement (the rules are the same as before for periodic). If you are in a fixed-term agreement and you have received a termination notice from the landlord/agent you may leave before the termination date listed on the notice – by giving the landlord a 14 day early exit notice. Different time limits apply. ‘See If I want to leave before the date given by the landlord’ in our updated Factsheet: Eviction – landlord ends tenancy.
Requirements for a valid termination notice
For a termination notice to be valid, it must:
- be properly sent or delivered to you – by email (to an email address you have specified for documents of that kind); or by post; or by hand (in an addressed envelope to a mailbox at your home or business address); or in person;
- include the address of the property;
- include the date by which the landlord/agent wants vacant possession, with the proper number of days notice;
- have a termination information statement attached that includes:
- the reason under the law for ending the agreement,
- particular evidence to show that the reason is genuine (depending on the reason),
- that it is an offence to give a notice that is not genuine or provide false or misleading evidence,
- that you have a right to challenge the validity of the termination notice or argue that the notice was issued in a retaliatory manner, and
- how you can contact NSW Fair Trading.
For more information see ‘Is the termination notice valid?’ in our updated Factsheet: Eviction – landlord ends tenancy.
What if the reason given is not genuine?
If the NSW Civil and Administrative Tribunal decides that the landlord/agent has given false or misleading information or not provided the specific evidence required, then the reason given for ending the tenancy may be considered not genuine. In this case, your tenancy will continue. It is also an offence for the landlord/agent to give you a termination notice that is not genuine – they could face significant penalties.
If you want to dispute the reason given for eviction as not genuine, you have the right to challenge the validity of the termination notice at the Tribunal. You can do this when you receive the notice, or when the landlord applies to the Tribunal for an eviction order. The time-limit to apply to the Tribunal is 90 days from receipt of the notice. At the Tribunal, evidence is very important.
From 1 July 2025, landlords/agents will also have to register the reason for all evictions, including what evidence was used, with the NSW government. The reasons can then be checked and significant penalties applied if they are not genuine.
If you move out and find out later that the reason was not genuine, you may be able to apply to the Tribunal for compensation or make a complaint to NSW Fair Trading. Make sure you keep written evidence – such as correspondence from the landlord/agent and receipts for your moving costs.
Relet exclusion periods
The landlord/agent is also banned from re-letting the property for a certain period, depending on the reason for ending the tenancy. This is called a relet exclusion period. The relet exclusion periods are:
- 4 weeks relet exclusion period for significant renovations/repairs
- 6 months relet exclusion period for proposed sale; landlord/family moving in; or demolition
- 12 months relet exclusion period for the property no longer being used as a rental under the Residential Tenancies Act
For more information see ‘What if the reason given is not genuine?’ in our fully updated Factsheet: Eviction – landlord ends tenancy.
