NSW, Australia. How to kick out a guy in the house who hasn’t paid so many weeks
<p>I am living in Sydney, NSW, Australia.</p>

<p>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.</p>

<p>He also doesn’t want to sign a sub-tenant agreement.</p>

<p>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.</p>

<p>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.</p>

<p>How can I remove him or get him to pay?</p>

<p>You said it yourself - "The only way for me to remove him is through an eviction process".  </p>

<p>From <a href="https://tenants.org.au/factsheet-05-rent-arrears" rel="nofollow noreferrer">this</a> 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.</p>

<p>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.  </p>

<p>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)</p>

<p>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).</p>

<p>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.</p>

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