There comes a time when a landlord will face certain situations where they need to evict a tenant. If you want the tenant to move out of your property earlier than planned, there are specific rules you need to follow before you evict them. When purchasing an investment property, any investor would hope that the best people will move into their rental house.
But during the process of renting a house, a landlord may come across complex tenants and there comes a time when evicting a tenant is the only possible solution to problems. If there are legal issues that need to be solved, a rental lawyer in Australia needs to be hired to solve the problem.
There are two types of tenancies in Australia: periodic and fixed-term. The latter is for a certain time period, but it needs to be known that the expiry of the fixed period does not signify the end of the tenancy. Instead, it turns into a periodic tenancy that can be renewed monthly or weekly based on the agreement.
But it is essential to remember that the tenancy time may decide the time frames that you may have to work with during an eviction situation. While there are those evicted tenants who leave peacefully, it can be a tough process as tenants have the right to appeal against eviction.
Some reasons a tenant may be allowed to remain in a property are poor health or not having other places of accommodation.
The standard eviction process in WA and other states can differ; the different eviction procedures are as follows:
In this state, the landlord is needed to serve a signed written termination notice around two weeks before the eviction date. The notice needs to show the address of the property, the reason for termination and the date of eviction.
If a landlord claims non-payment and a tenant can offer evidence that they have followed the rules of tenancy agreement and also paid the rent, they will not be needed to vacate the property. These are landlord and tenant issues that both need to know about.
But if the grounds for eviction are proved to be true, and the tenant does not leave by the specified date, as a landlord, you have the right to get a warrant of possession that can lead to the forceful removal of the tenant.
In the case of NSW, landlords of Victoria need to provide a signed written notice, and either of them can be sent by post or delivered by hand. If the tenant refuses to leave, the landlord will have around 30 days to request a possession order from the tribunal.
The order can also include instructions to vacate the home, an evacuation date, warning for forcible eviction if a tenant cannot follow the orders. If the rules are not followed, a landlord has the authority to acquire a warrant of possession for the removal of the tenant.
In this particular Australian state, the right form can be used to make the notice, and that needs to be presented within a rational time. The termination reason needs to be shown along with the date of evacuation. If the tenant does not follow the rules, the landlord must apply to the tribunal for a termination order and warrant of possession under two weeks from the handover date.
After being approved, the tribunal can send a notice for the hearing and a copy of the landlord’s application to the tenant. After the warrant of possession is issued, it needs to be carried out within three days of the termination date. The authorities have around two weeks to enter the property and enforce the warrant unless the tribunal says something else.
In the western part of Australia, the landlord needs to issue a formal notice to the tenant with regard to certain breaches of the tenancy agreement. The tenant has around two weeks to correct any violations, and if they do not comply with the rules, this is when the termination notice needs to be served.
The tenant has around a week after receiving the notice to vacate the property. If the tenant does not leave within the offered time, the landlord needs to apply for a possession order from the court of the Magistrate under 30 days. The following course of action is to request an order to seize the property and deliver the order.
When a tenant has breached the rental agreement, the landlord can contact the landlord and tenant lawyers and serve the written notice that demands a remedy, or the tenant must vacate the property. The notice needs to include the detail of the breach, the offered remedy, and the notice period.
The landlord needs to properly and carefully specify all the other occupants apart from the tenant. There also need to be two copies of the document and one must be kept for the landlord’s records. The tenant will have around seven days to follow the request and around eight days if the offense involves rent arrears.
If this is not followed, the landlord may look to file in an application form for eviction that also covers requests for vacant possession. It also needs to be accompanied by supporting documents like rent records, a copy of the lease agreement, written notices and much more. The requirements need to be submitted to the tribunal, and the only thing that can affect the eviction is a tribunal order.
In this Australian state, landlords need to provide a notice to vacate for either 14 or 28 days before the stated eviction date. The notice shows the date on which the document was given to the tenant, address, name of both parties, reasons for evacuation notice, and the date from which the notice period is effective.
Property lawyers in Perth can be contacted if the tenant fails to leave the property. Other than that, the landlord can also apply for a possession order from the Magistrates court. A copy of the application needs to be presented to the tenant on the same day. After this, the court can send a representative for possessing the property on the given date.
When encountering a complex tenant, a landlord needs to first serve a notice for a solution. If the tenant does not act on the notice within a week, the landlord can move forward along with a written notice to vacate. But if issued two remedy notices before, a notice to vacate can be immediately presented.
There needs to be a proper notice period, and the document needs to show the legal grounds for termination and the reason behind these grounds. If the tenant does not agree, then the landlord can apply for a termination and possession order from the tribunal.
Here, the landlord needs to seek out a rental officer to apply for an order for the tenant to leave. An eviction order can be made at the same time or at another time. The rental officer can issue an order to the tenant, and an affidavit of the service will be generated.
If the tenant refuses to vacate, the landlord needs to file an order for the process of possession with the Supreme Court within six months. The order also needs to be supported by the affidavit of service for the eviction order and another that can confirm that the eviction order was not given attention.
The writ can also be issued to the sheriff, who will be provided with the authority to remove the occupier and recover the property on behalf of the relevant landlord. In each and every case, the parties need to be prepared for the cost of asking Australian authorities to hear the case. Every party needs to pay their own cost.
You can contact a lawyer for rental issues to know more about the general eviction procedures. Some of the general eviction procedures that a landlord needs to know are as follows:
One of the main reasons for eviction is due to the breaching of the tenancy agreement. The other reasons for eviction are as follows:
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