Photo: Unsplash/Eric Rothermel.

“I want my tenants to move out during their fixed-term lease because I want the house vacant when I sell. If I want them gone, they should leave, right?” – Owner, NSW

We asked Director & Property Manager at Professionals Lithgow Tina Case for her advice.

“You own the house, so while you think this would be fine, unfortunately, it just isn’t the case,” Tina said.

“When you sign a residential tenancy agreement with a tenant, you are giving them the right to the premises for a fixed-term period.”

Tina said the only option that property owners legally have in this instance is to give the tenant an end of lease termination notice to know that they need to vacate at the end of the lease period.

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“You can still put the property on the market with a tenant in place; you just need to ensure that you stick to the conditions that are stated within the lease for your access notices,” she said.

“Imagine you give the tenant notice that you’re placing the property on the market, and they do not want to stay during a sale process. They can give you notice stating that they are leaving, and you must allow them out of the fixed term of the tenancy with no penalty to them.”

Tina said this could be a complicated process, so make sure that you read the lease and stick to the conditions set out there (clauses 20, 21 and 22).

You might also like:
> How to sell your tenanted rental property
> How to add value to your property for less than $1,000
> Who decides if the lease should be renewed?

Tina Case
Tina Case

Tina Case is the Director and Property Manager at Professionals Lithgow in New South Wales. Tina has worked with the Lithgow office since 2008 and specialises in people and arrears management, trust accounting, conflict resolution and NCAT hearings. She has lived in the Lithgow area for more than 40 years and used her passion for property management to open her own Professionals office.

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