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I am living in Sydney, NSW, Australia.

I am head tenant of my house, by which I mean I rent the house. I want to kick out a guy who is living in the house now. He hasn’t paid rent in many weeks; he is now more than $3000 in arrears.

He also doesn’t want to sign a sub-tenant agreement.

Legally I can't lock him out or remove his belongings from the house. The only way for me to remove him is through an eviction process.

Moreover, I called police because someone told me if I can call the police it would be solved because he doesn’t have any documents to prove his right of tenancy. But police declined to remove him.

How can I remove him or get him to pay?

  • Just thinking on this some more, has he ever paid you anything, and is there anything in writing? Also, is he meaningfully employed? Have you asked him to move out, and what has his response been? – davidgo Dec 2 '16 at 19:35
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You said it yourself - "The only way for me to remove him is through an eviction process".

From this link - give the tenant a non-payment termination notice, signed by yourself and including the address of the premises, the date the tenant needs to vacate (at least 14 days out) and the grounds for notice being non-payment of rent.

The notice also needs to say that they can pay the rent owing (including 2 weeks in advance) or enter into, and fully comply with a repayment plan you agree to.

The notice needs toproperly delivered - in person, b post, fax or hand delivered in an addressed envelope to a mailbox as the home address. (If posted, you need to allow an extra 4 days for delivery)

Once you have done that, you apply to NSW Civil and Administrative Tribunal for a termination order. (You can make this application at the same time, but it can't be heard until the time to remedy has passed).

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  • Yes, I will report. But who can actually let him move out? Some paper? or a person like police officer? I mean who can get rid of him directly? Also I have tried to give him a 2 weeks written notice, but he is refusing to take that. Even though, I put the paper in his room, I am sure he will say he haven't received anything to gain time more and more. – Otto Kim Dec 18 '16 at 13:42
  • I just want to know who can kick him out strictly. Some papers from the court or somewhere, he will just throw away and ignore. – Otto Kim Dec 18 '16 at 13:45
  • Read my link then contact the regional sherrifs office and get them to help you navigate the practicalities. (In NZ its different but similar I suspect - the courts will provide a bailiff to serve notice and implement the eviction.) Also, there will be processes for serving notice - they do need to be followed, but in NZ bringing the notice to there attention - even if they refuse to take it is enough - so I expect thatv- if done properly - the process will be similar in NSW. – davidgo Dec 18 '16 at 17:49
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Go to the local court, pay for a summons for the amount he owes (costs about $175) and serve it on him. Let him explain to a magistrate why he doesn't owe you.

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