Ending a tenancy in Fiji — whether for non-payment, breach, or because you need the property — requires following a specific legal process. Skipping steps or taking matters into your own hands can expose you to legal liability, even when the tenant is clearly in the wrong. This guide covers the correct procedure, notice periods, and when you need to go to court.
Weekly Tenancy
1 Week
Minimum notice to terminate a weekly tenancy
Monthly Tenancy
1 Month
Minimum notice for a month-to-month tenancy
Yearly Tenancy
3 Months
Minimum notice for a yearly tenancy
Court Required
Always
For possession orders — self-help eviction is illegal in Fiji
Notice Periods Under Fiji Law
The Landlord and Tenant Act (Cap. 240) sets minimum notice periods that cannot be contracted out of — even if your lease specifies a shorter period, the Act's minimums apply.
Valid Grounds for Termination
As a landlord, you can only lawfully terminate a tenancy on specific grounds. A court will ask whether you had valid grounds before granting a possession order.
✓ Valid grounds for termination
- ✓Non-payment of rent (after a formal demand and reasonable period to pay)
- ✓Material breach of the lease terms by the tenant
- ✓Landlord requires the property for own residential use
- ✓Property is to be sold and possession is required
- ✓Serious damage to the property by the tenant
- ✓Illegal activity on the premises
✗ Not valid grounds (in isolation)
- ✗The tenant is inconvenient or difficult to deal with
- ✗You want to increase the rent beyond what the tenant agrees to
- ✗You have found a better tenant
- ✗Personal dislike of the tenant
- ✗The tenant made a complaint about the property condition
Step-by-Step: How to Legally End a Tenancy in Fiji
Serve a formal Notice to Quit in writing
The notice must state the grounds for termination, the date by which vacant possession is required, and be signed and dated. Serve it in person or by registered mail.
Wait for the notice period to expire
Do not change locks, remove furniture, or interfere with utilities during this period. The tenant has legal occupancy rights until the notice expires.
If the tenant does not vacate — apply for a possession order
File an application at the Magistrates' Court or High Court (depending on the value of the property). Attach your notice, lease, and evidence of breach.
Attend the court hearing
Both parties present their case. If the court is satisfied, a possession order is issued specifying the date by which the tenant must leave.
Enforce the possession order if the tenant still does not leave
Return to court to request a warrant of possession, enforced by a court bailiff. Do not attempt physical removal yourself.
⚠️ Self-help eviction is illegal in Fiji
Non-Payment of Rent — Specific Process
For non-payment, Fiji law requires you to give the tenant a reasonable opportunity to remedy the breach before serving formal notice. Best practice:
Tenants in Receipt of TLTB Subleases
If your property is on iTaukei land and your tenant holds a sublease granted with TLTB consent, terminating the sublease may require additional steps including notifying the TLTB. Review your TLTB consent letter carefully before serving notice — the TLTB may need to be a party to any termination process.
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