HOW TO DEAL WITH TENANCY TERMINATIONS...

A termination of a tenancy is, simply put, the legal process of removing a tenant from your property.

This can be done for several reasons, the most common being failure to pay rent or utilities. It is important to know that a termination/eviction is not something that can be done on a whim - there are specific steps that must be followed in order to make it happen.

The first step is to give the tenant notice. This notice must be in writing and must state the reason for the eviction. The amount of time the tenant has to vacate the premises will depend on each states legislation, but is typically either 7 or 14 days. If the tenant does not leave within this time frame, you will need to lodge an application to your local civil tribunal for a termination.

Once the this has been lodged, the tenant will receive a notice of the hearing. At this hearing, both sides will have a chance to present their case. If the judge rules in your favour, they will issue a termination order. This order will give the tenant a specific amount of time to vacate the premises - usually between 24 and 48 hours sometimes more if you agree upon it.

The termination is accompanied by a warrant for possession, on the date of the end of notice you will be accompanied by a local police authority to ensure your safety. They will enforce the removal from the premises if the tenant resists. It is encouraged to also have a locksmith on hand to change all of the locks whilst the police are present. It is important to be on top of your toes throughout this entire process, as there are many deadlines that must be met. Missing just one can significantly delay the possession.

Preparing for an termination and possession can be stressful, but it is important to be prepared for anything. With the correct steps followed, you will be able to remove your tenant quickly and without incident.