Is my eviction notice valid in NSW?

The 7-point validity checklist

Work through these one at a time. If any single one is missing or wrong, the notice is likely defective and you have grounds to contest it at NCAT.

01

Notice type is on the list

Since the May 2025 reforms, NSW landlords must use one of the prescribed termination grounds. No-grounds notices are abolished for periodic agreements. If the notice doesn't state a specific reason (e.g. property being sold, owner moving in, major renovation, breach by tenant), it's likely defective.

s. 84 RTA 2010 (NSW), as amended May 2025

02

Notice period meets the minimum

Each notice type has its own minimum: 90 days for owner-occupier and sale-of-property notices, 60 days for end-of-fixed-term, 30 days for breach (depending on category). Count from the date of service to the termination date. Short by even one day = defective.

s. 85 RTA 2010 (NSW)

03

Notice is in writing and signed

Verbal eviction notices are not valid. A SMS or email may not be either, depending on agency policy. The notice must be in writing, signed by the landlord or an authorised agent. Unsigned = defective.

s. 223 RTA 2010 (NSW) (form of notices)

04

Termination Information Statement attached

Since 2025, the landlord must attach the prescribed NSW Termination Information Statement to every notice. It explains your rights, the dispute process, and where to get help. No attachment = defective notice.

Schedule 1, RT (General) Regulation 2025

05

Served correctly

Notice must be served personally, posted to the rented address, or sent to a nominated electronic address agreed in the lease. Email is fine only if you agreed to electronic service. Slipped under the door without a witness or postmark = often defective.

s. 223 RTA 2010 (NSW)

06

Termination date is a proper end date

For periodic tenancies, the termination date must be on or after the end of a rent period. For fixed-term agreements, it must align with the lease end date. Wrong end date = defective.

s. 84-90 RTA 2010 (NSW)

07

Not a retaliatory notice

If the notice came soon after you exercised a tenancy right (requested repairs, complained about an unlawful clause, joined a tenants' organisation), it may be retaliatory and void under s. 115 — even if everything else is correct.

s. 115 RTA 2010 (NSW)

What “no-grounds eviction” means after May 2025

The biggest reform-era change: no-grounds termination is gone — for periodic tenancies and at the end of fixed terms. Pre-reform, a landlord could end a periodic tenancy without giving any reason at all (with 90 days' notice), and let a fixed term lapse without a reason at all. Post-19-May-2025, both pathways require the landlord to state a prescribed reason and produce supporting evidence.

The prescribed reasons include:

• · Sale of the property (with contract of sale evidence required).
• · Owner or owner's family member moving in (with statutory declaration).
• · Major renovation or demolition (with development approval evidence).
• · Change of use (e.g. converting to commercial).
• · Significant breach by the tenant.

If your notice cites no reason at all, or cites a reason not on the prescribed list, it's defective. The full updated grounds and evidence requirements are in our no-grounds eviction reform article.

What to do if your notice is defective

1. Do NOT vacate. A defective notice doesn't legally end your tenancy. Stay put until NCAT orders otherwise.
2. Write a formal reply. Cite each defect you've identified. Politely but firmly state that you don't accept the notice as valid and won't be vacating on the stated date. (Template below.)
3. If the landlord escalates, they'll need to apply to NCAT for an order to terminate. At hearing, the defects you've identified are your defence. Have your written reply, the original notice, and any related communications ready.
4. Apply to NCAT first if you want certainty. You can apply for a declaration that the notice is invalid — costs about $55, can be lodged online via NCAT.
5. Get a free second opinion from the Tenants' Union of NSW on 1800 251 101 before any NCAT hearing.

Template response letter

Common landlord arguments (and why they fail)

“The lease says I can give 30 days notice.”

You can't contract out of statutory protections. The Act's minimum notice periods override anything in the lease. A clause that says “30 days no-grounds notice” is void.

“The Termination Information Statement isn't required — that's only for fixed-term notices.”

It's required for all termination notices served by landlords post-May-2025. Schedule 1 of the RT (General) Regulation 2025 sets the prescribed form.

“I served by email so the notice is valid.”

Only if you nominated an electronic address for service in your lease. If you didn't, email is not valid service. Notice must be served in person or by post to the rented address.

“You don't have a defence because you breached the lease.”

Even if you did breach (which the landlord has to prove), the notice itself still has to comply with the Act. Procedural defects in the notice are a complete defence at NCAT, separate from any breach question.

This article was written by Mya Bertolini, a final-year USYD Law and Arts student working as a paralegal at Turks Legal. It's educational, not legal advice. Eviction is serious — please call the Tenants' Union of NSW on 1800 251 101 before any NCAT hearing. Section numbers verified against the Act as at May 2026.