Tenant Refusing To Leave? Here’s what Landlords Can Do
A nightmare scenario for any landlord is when a tenant refuses to leave when they are required to. Importantly, it is illegal for a landlord to personally evict a tenant through forceful measures like removing their belongings from the house, changing the locks or turning off utilities. There are, however, legal options available to landlords to remove a tenant who refuses to leave.
Before taking any of these steps, make sure that you have given the tenant a timely notice to vacate. If the lease is about to expire, this means serving a formal termination notice on the tenant in accordance with the applicable legislation. If the tenant has violated the lease agreement, then the landlord needs to issue them with a Notice to Vacate. In the ACT and NSW, the required notice period varies depending on the grounds for termination – for example, 14 days for non-payment of rent, but longer periods may apply for other grounds. Always check the specific requirements for your situation.
Here are the steps that landlords can take when a tenant refuses to leave.
#1: Apply for a Possession Order
A Possession Order is a legal directive issued by a tribunal or court that officially ends a lease and requires a tenant to vacate the premises. Common reasons for seeking a Possession Order include a tenant refusing to leave even after the lease term has ended and breaches of the lease agreement, such as failure to pay rent or property damage.
Possession orders are taken to a formal hearing, in which both parties present evidence that supports their side. In the ACT, cases generally go to the ACT Civil and Administrative Tribunal (ACAT) while in NSW, cases go to the NSW Civil and Administrative Tribunal (NCAT). The tribunal will review the evidence and decide whether it is reasonable and proportionate to grant a Possession Order.
Importantly, a Possession Order is not an eviction itself; it only requires the tenant to vacate the property. If the tenant still refuses to leave, a further step is needed.
#2: Apply for an Eviction Warrant
If a landlord is successfully granted a Possession Order, and the tenant still refuses to leave, then the landlord can apply for a Warrant of Eviction at either ACAT or NCAT depending on the jurisdiction. This includes filling out the application and including a statutory declaration that the tenant is still at the property. An Eviction Warrant authorises the sheriff’s office to forcibly remove a tenant from the property.
A tenant refusing to leave can be a frustrating and stressful scenario. However, if you have legal grounds for requiring them to vacate, then you can take steps to enforce those rights. If you have any questions about tenant and landlord rights, please do not hesitate to contact us. We are here to help.
DISCLAIMER: This article is for informational purposes only and does not constitute legal advice.