Tip of the Week: Being evicted from your property

Have you ever been evicted or locked out by your landlord or agent? This may have been in breach of the law. Under a Residential Tenancies Agreement, you can only be evicted by order of the NSW Civil and Administrative Tribunal.

Recently Redfern Legal Centre has heard from many international students who are renting and have been asked by their landlord or real estate agent to leave their property early. Has this happened to you?

This is called an eviction. It is important to know that if you are a tenant covered by the Residential Tenancy Agreement you can only be evicted by order of the New South Wales Civil and Administrative Tribunal.

You should have received the notice of the hearing and had the opportunity to attend before the tribunal makes an order for your eviction a landlord or real estate agent who tries to evict you without a tribunal order may be in breach of the law and may be fined up to $22,000.

If your tenancy was not terminated by order of the tribunal and you are locked out this may also be a breach of the law meaning that you may have the right to remain in the property.

If you want to leave your tenancy you may also decide to treat the lockout as a breach of your tenancy agreement by the landlord and to terminate the agreement yourself.

If you think that the landlord or agent has affected you unlawfully contact Redfern Legal Centre on 02 9698 7645.

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