What is a no-fault eviction and is it legal in NSW?

Q: Can a landlord deduct cleaning costs from my bond in NSW?

Yes, a landlord can deduct cleaning costs from your bond in NSW, but only if the property is not reasonably clean. The law requires you to leave the premises in the same condition as when you moved in, minus fair wear and tear. They cannot charge for a professional clean automatically if it is already clean.

Q: Can my landlord show my property to potential buyers while I am still living there in NSW?

Yes, your landlord can show your property to potential buyers while you live there in New South Wales. However, they cannot simply drop in. They must give you 14 days' written notice before the property is first advertised, and 48 hours' notice before each inspection. Inspections are strictly limited to two per week.

Q: Can I make repairs myself and deduct the cost from rent in New South Wales?

No, you cannot simply make repairs yourself and deduct the cost directly from your rent in New South Wales. You are legally required to continue paying your rent in full. However, for specific urgent repairs, you can arrange the work yourself up to the value of $1,000 and claim a reimbursement from your landlord.

Robert JasonContent Researcher

Source Verified

Answer

Yes, no-fault evictions are currently legal in New South Wales. This occurs when a landlord issues a termination notice without providing a specific reason, such as a breach of the lease. For periodic agreements, they must give 90 days' notice. For fixed-term agreements ending, they must provide 30 days' notice before the end date.

Residential Tenancies Act 2010 (NSW) - Sections 84 & 85

Last UpdatedMay 1, 2026

Was this helpful?

How it works in practice

Understanding No-Fault Evictions

A no-fault eviction, often referred to as a 'no grounds' eviction, happens when a landlord asks a tenant to leave the property without giving a legally specified reason. Under current New South Wales tenancy laws, landlords have the right to end a tenancy simply because they want the property back.

Notice Periods for Periodic Agreements

If you are on a periodic lease, which is a rolling month-to-month agreement, your landlord can issue a no-grounds termination notice at any time. However, they are legally required to provide you with at least 90 days of written notice before you are required to vacate the premises.

Notice Periods for Fixed-Term Agreements

If you are on a fixed-term lease, a landlord cannot evict you without grounds during the fixed term. They can, however, issue a 30-day notice of termination to take effect at the end of the fixed term. This notice must be given before the fixed term officially ends.

Proposed Legislative Changes

It is important to note that the NSW Government has proposed legislative changes to end no-grounds evictions to provide greater security for renters. You should stay informed about these upcoming law changes through the official NSW Fair Trading website, as the rules surrounding these evictions may change soon.

Important exceptions

While no-fault evictions are generally legal, there are a few important exceptions where a landlord's notice may be considered invalid.

If a landlord issues a no-grounds eviction as a direct retaliation because you enforced your tenant rights, such as asking for repairs or applying to the tribunal, this is known as a retaliatory eviction and can be formally challenged.

Additionally, landlords cannot issue a no-grounds eviction notice to end a fixed-term lease before the actual end date of the contract. During the fixed term, they must have a valid legal reason, such as a breach of the agreement, to evict you.

What you should do now

Check the type of lease agreement you currently have to understand your exact legal notice period.
Review the termination notice carefully to ensure it provides the legally required 30 or 90 days of notice.
Continue paying your rent on time until the final date you hand back the property keys.
Contact NSW Fair Trading or the Tenants' Union of NSW immediately if you suspect the eviction is retaliatory.
Apply to the NSW Civil and Administrative Tribunal (NCAT) if you need to formally dispute the validity of the notice.

Expert Notes

No expert notes have been added to this question yet.