Buying a house is exciting, but things can get complicated fast when the property comes with tenants already living in it. Many buyers are surprised to find out they can’t simply take over and decide who stays or goes. So, can you kick tenants out after buying a house in Australia? The short answer is no — not automatically. Australian tenancy laws protect renters, and as the new owner, you must follow those rules just like the previous landlord did.
Understanding how these laws work will save you stress and prevent costly mistakes. After all, when you buy a home, you’re not just taking ownership of the building; you’re stepping into a legal relationship that already exists. Let’s break down what that means for you as the new landlord and what options you have depending on the lease.
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Do You Have the Right to Evict Tenants After Buying the Property?
One of the biggest misconceptions buyers have is that purchasing a home with renters gives them the right to move tenants out immediately. That isn’t how it works. The moment settlement occurs, you automatically become the new landlord — and along with that comes the responsibility to follow the Residential Tenancies Act, which governs rental laws in every state and territory.
This means you inherit the existing lease, with all its terms and conditions. Even if you didn’t sign the agreement yourself, the law treats you exactly the same as the original landlord. You can’t raise the rent, change the rules, or ask them to leave just because ownership has changed.
If you’re buying a property and want to fully understand what you’re stepping into, it’s worth speaking with professionals who specialise in buyers property conveyancing QLD through services. A conveyancer can walk you through the lease details, upcoming expiry dates, and your rights during the process so there are no surprises once you take ownership.
What Happens to the Lease When You Buy a House with Tenants?
A lot of buyers assume that the lease “resets” once they purchase the home, but that couldn’t be further from the truth. The lease stays active, and you step directly into the shoes of the previous landlord. The type of lease in place plays a huge role in what happens next.
If the tenants are on a fixed-term lease, that agreement continues until the end of the term — whether that’s six months, twelve months, or longer. You cannot ask tenants to leave early unless they breach the agreement, and even then, strict rules apply.
On the other hand, if the tenants are on a periodic lease, things are slightly more flexible. A periodic arrangement doesn’t have a set end date, so you can give notice for them to vacate the property. Still, “more flexible” doesn’t mean “do whatever you want.” You must follow the legal notice requirements of your state or territory, and the reason for ending the tenancy must be valid under the law.
Either way, the lease binds you just as firmly as it bound the previous owner. No terms magically disappear during the sale process.
Do You Have to Honour the Existing Tenancy Agreement? Absolutely.
Whether the tenants are paying rent weekly or have a year left on their lease, you are required to honour the terms until the agreement naturally ends or is legally terminated. This applies to the rent amount, the rules of the property, the timeline, and everything in between.
In practical terms, this means you cannot:
• change the rent
• shorten the lease
• alter the conditions
• ask them to leave early
The only exception is when the lease itself allows for a change — for example, a rent increase scheduled within the agreement. Even then, you must follow the proper procedure, including giving the required notice and communicating in writing.
Many new owners are surprised to learn how protected tenants are during a property sale, but these laws exist to offer stability. Nobody wants to risk losing their home overnight simply because their landlord sold the property.
Can You End the Tenancy If You Want to Move Into the Property?
In some situations, yes — but it depends on the type of lease. If the tenants are on a fixed-term lease, there isn’t much you can do until the end of that term. Even if you want to move in immediately, the law does not allow you to terminate the lease early. You’ll need to wait or negotiate with the tenants, and they’re under no obligation to leave before the agreement expires.
Periodic leases are a different story. Most states allow you to end a periodic tenancy if you or a family member plans to move into the home. However, the notice period varies widely. Some states require 60 days’ notice. Others require 90 days. And the rules change depending on whether you want to move in, renovate, or sell the property again.
Because personal-use evictions can be complicated, many new owners seek guidance from a North Lakes family law firm. Lawyers who work with property and family matters can help you avoid mistakes that could delay your plans or lead to disputes.
How Much Notice Do You Need to Give Tenants After Buying the House?
Notice requirements are one of the areas where people get tripped up, mainly because every state and territory has its own rules. The required notice depends on three things:
• the type of lease
• your reason for ending the tenancy
• the state or territory where the property is located
If the tenants are on a fixed-term lease, you usually can’t give notice until the lease is nearing its natural end. Some states require written notice well before the expiry date if you do not intend to renew.
For periodic leases, notice periods can range from 30 to 90 days, depending on the situation. Wanting to move in generally requires a longer notice period. Ending the tenancy without a specific reason often requires the longest notice of all.
If the notice is incorrect or issued improperly, the whole process may need to start over, wasting time and often delaying your plans by months. That’s why it’s crucial to understand the exact rules that apply in your state before sending anything in writing.
Buying a House with Tenants: What Buyers Should Keep in Mind
Buying a property with existing tenants isn’t inherently a bad thing. In fact, some investors prefer it because it means rental income from day one. But if you want the home for yourself, plan to renovate, or simply prefer the flexibility of vacant possession, the situation becomes more complex.
The most important things to remember are:
You must honour the current lease.
You cannot evict tenants without following the correct legal steps.
You must give proper written notice based on your state’s laws.
You step into the landlord role immediately upon settlement.
When in doubt, professional advice can make all the difference. A conveyancer can help you understand what you’re buying, and legal experts can guide you through any challenges that arise once you take ownership.
Final Thoughts: Know Your Rights Before Making the Purchase
Buying a house with tenants already in place isn’t as simple as taking ownership and making immediate changes. The law prioritises stability and fairness, meaning tenants cannot be removed without proper legal grounds and notice. Whether dealing with fixed-term leases, periodic agreements, or plans to move in yourself, knowing your rights — and your obligations — will save you from costly mistakes.
If you’re in the process of buying and want clarity around what you can and cannot do, reaching out to experienced professionals is always the safest move. From conveyancing support to tenancy advice, understanding the rules from the start will help you navigate the process with confidence.
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