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Tenants without a lease can be evicted if the landlord gives them 60 days' notice that the landlord or their family requires the premises.
From 13 February 2022, the transitional period protecting COVID-19 impacted tenants from eviction no longer applies. This was in place for eligible COVID-19 impacted tenants to protect them from eviction for arrears that accrued during the moratorium period (14 July - 11 November 2021).
Evicting a tenant in NSW In NSW, you are required to give at least 14 days notice in situations where you wish to end a tenancy due to wrongdoing on the tenants' part. This includes if the tenant/s are 14 days or more behind with their rent, or if they have otherwise breached your pre-defined tenancy agreement.
If there is no tenancy agreement, a tenant cannot be given a section 21 notice for eviction. Instead, a landlord must use a section 8 notice (with a ground for eviction). To be able to evict a tenant in the absence of a written tenancy agreement, a landlord will need to apply to the courts for a possession order.
If tenants are refusing to vacate, you must apply to the NSW Civil and Administrative Tribunal for a possession order within 30 days of the 'date to vacate' specified in your termination notice. The Tribunal will then make a decision, based on the evidence you and the tenant present at the hearing.