How Can I Legally Evict A Tenant Without A Lease In Australia?

September 17, 2024    propertylawyersperthwide
How Can I Legally Evict A Tenant Without A Lease In Australia?

The link between the renter and the property owner is simple and can be legalized quickly. The two parties have to enter into an agreement stating what they can and cannot do and pay the required tenancy from time to time. However, the situation may only sometimes be conducive to such elaborate proceedings.

 

In any adverse position, the absence of a lease or tenancy agreement may complicate things. Still, if you have contact with the most proficient property lawyers in Perth, they can guide you through the necessary process and steps. Let us know more about it.

Lawful Reasons to Evict a Tenant

The landlords can serve a legal rental eviction notice in Perth if they can show lawful grounds for evicting the client, even without an official agreement. Some common reasons are mentioned below:

1. Breach of rent agreement

Any deviation from the outlined terms in the landlord-tenant laws or any conditions both have agreed upon can be grounds for eviction. It can also include damage to the property, committing illegal activities on the premises, and other breaches of the agreement. In cases where two tenants have leased the property without written proof, violating the existing laws or agreed-upon conditions can be grounds for eviction. Even in some cases, a breach by one tenant can affect the other one. It’s best to consult the best property lawyers in Perth WA and act accordingly.

2. Rent due

One of the valid reasons for serving a tenant eviction notice to a non-documented renter is the continuous failure to pay rent. Landlords can also issue a notice to pay the rent and remedy the violation – however, if it continues, it is rightful for the rent provider to proceed with eviction proceedings.

3. Fixed-term lease expiration

The landlord can provide the needed notice for termination if the tenancy was under a fixed timeframe and they choose not to renew it.

4. Repair or renovations

Rent providers can terminate a lease if the property requires significant renovations and repairs and the tenant’s residence will reasonably hinder its implementation. However, both parties must adhere to the appropriate and relevant laws.

5. Property sale

Under specific rules and notice periods, the landlord can terminate the lease if they wish to sell the property and require the tenants to vacate it.

What are the cases where the landlords cannot evict a tenant?

The landlords must comply with the existing law and ethical standards when considering serving their tenants a rental property eviction notice. Any dispute should be raised and solved in court, and eviction must follow the existing legal framework.

The landlord will breach tenant rights if they evict them unlawfully. Some of these cases have the following reasons:

  • Revenge

The tenant has every right to exercise their legal power – including complaining to the appropriate authority or joining a tenant’s union. Evicting them for these reasons will be illegal, and the tenant can report issues and expect protection from vengeful dismissal.

  • Discrimination

The landlord cannot expel a tenant based on disability, marital status, race, gender, or other protected aspects. These evictions are strictly illegal and banned under the anti-discrimination laws in Australia.

  • Exercising lawful rights

Landlords are prohibited from evicting tenants for exercising their legal rights. The renters can request necessary repairs or form teams to protect their rights.

  • Personal disagreements

The rent provider cannot evict a tenant just because they are facing a disagreement on any topic (except something that breaches the tenancy agreement or agreed-upon conditions). They will need to present documented evidence of the agreement breach or the violation of legal requirements.

Is it mandatory to write the lease?

Written documents will be more accepted in the legal offices and more effective for presenting your case in front of the court than verbal contracts. So, for the ease of legal processes, as well as getting the most advantages – it is best to draft, write, and sign a legal document about your property rent, preferably guided by the most experienced property solicitor in Perth.

 

However, even if the lease agreement is not available in written or printed form – it doesn’t mean a lease isn’t in place. According to the legal machinery, once an individual has moved into a property and has started paying rent for a particular term – the arrangement creates an occupancy. It also means that these tenants (without a written tenancy agreement) are protected by law.

Signing off

Since now you know the legal procedures of evicting a tenant without lease, it’s time to know some of the intricate aspects. It is imperative to remember that some of the major factors are that the landlord cannot present an eviction notice WA under the section dealing with written lease agreements. The landlord must apply for a possession order in the courts with reasonable grounds for eviction.

 

So, to deal with such complexities and critical legal processes, seeking help from a reputed lawyer will be essential. Get in touch with top legal experts and get support in the tenant eviction process.

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