Eviction Process – How Long Does it Take to Evict a Tenant?

There are both advantages and disadvantages to being a landlord. When you own a property, the passive source of income can help enhance your financial position, it helps improve your estate’s net value, and can help improve cash flow. But there are also disadvantages of being an owner, like maintaining the asset and repairing damages. But the financial advantages of being a landlord depend on the tenants too.

When your property is occupied by tenants who damage it and do not pay the rent, it can be both an emotional and financial problem. If the relationship between a landlord and tenant is bad, eviction may be the only solution. But before that, you need to know about the tenant eviction process in Australia. Before hiring rental property lawyers in Perth, read the guide below to learn more about the process of tenant eviction.

A Breach of the Tenancy Agreement Can Result in the Early Termination of a Lease Agreement.

There might be scenarios that can lead to a landlord asking a tenant or tenants to leave the property. Property damage, overdue rent, and other infractions that breach a material clause are all grounds for a landlord to seek damages and take back their possession.

But it is important to note that landlords can only start the eviction process if the tenant does not follow or breaches rules in the tenancy agreement. A landlord cannot end the lease unless there is an agreement with the tenant or they follow the legal process.

Eviction is Usually the Last Resort

One of the essential contributing factors to the early termination of a lease agreement is overdue rent. Your property manager needs to have a system in place for any rent arrears that could happen. The best rental monitoring system can help alert the landlord and renter to any possible issue before it becomes a major problem.

When you work with your tenants and property manager, you can easily work in resolving any form of late payments. There might be some genuine reasons for the missing deadline, like the tenant might have really forgotten or there were transaction processing errors with the bank. Before hiring rental property eviction notice lawyers, you need to try and resolve the problem and then begin the eviction process.

Eviction Process

When a landlord desires to evict a tenant, they need to follow the due legal process in their state. You cannot just force the eviction of any tenant from your rental property; you must follow the legal process. The circumstances do not matter; it is imperative that you follow the proper procedure.

End of Tenancy Agreement Due to Non-Payment of Rent

Under the tenancy agreement and as per the Residential Tenancies Act WA, the landlord cannot serve a tenant with a termination notice. The landlord needs to follow different processes in this regard.

The different options are as follows:

Option 1: Service of breach notice for being unable to pay rent

This is an option that provides the tenant with some time to find a remedy for their overdue rent and stay in the property. If the landlord desires to use this legal avenue, they must follow the given steps and timelines.

1. A day after the rent is due: The tenant needs to be served with a notice of the breach. This is the preferred form: Breach Notice for Non-payment of Rent Form 21.
2. 15 days after the rent is due: If the rent is still not cleared, the landlord can serve the tenant with a termination notice for non-payment of rent. The Notice of Termination for Non-payment of Rent (Form 1A) needs to be served.
3. 8 days after termination notice: The tenant will have around a week to vacate the premises, and on the 8th day, the least will be terminated by the landlord.
4. 9 days after termination notice: If the tenant still does not move out after the termination notice, the landlord can easily apply to the Magistrate’s court around 30 days from the date. If the court favors the landlord, it can issue an order to terminate the tenancy and give back the premise possession to the owner.

Option 2: Service of notice of termination for being unable to pay rent

This is another option that can provide the landlord with a way to terminate the lease and evict the tenant without providing any time for the tenant for a solution. If a landlord wishes to use this legal avenue, they must follow proper steps and timelines.

Tenants can also opt for eviction notice legal advice, in this case, for much-needed help. The steps and timeline for the second option are as follows:

1. A day after the rent is due: The landlord can serve the tenant with a termination notice for non-payment of rent. The form of notice of termination for non-payment of rent (Form 1B) needs to be used.
2. 8 days after termination notice: The tenant will have around seven days to vacate the premises, and on the eighth day, the lease will be terminated.
3. 9 days after termination notice: If the tenant still has not moved out, the landlord can easily apply to the Magistrate’s court within 30 days from the relevant date. If the landlord wins the case in court, an order will be issued to the tenant to state tenancy termination.

What Can Be Done if the Tenant Does Not Move Out of the Property?

If the tenant receives a termination notice and still does not move out, the landlord can hire property lawyers in Perth or seek a court order. A bailiff will be able to enforce the court order by acquiring a warrant from the court that authorizes them to evict the defaulting tenant. In specific conditions, the tenant can also petition the court to suspend any order for around a month.

Contact Property Lawyers Perth WA

If you need to evict a troublesome tenant and need to know more about the rules in doing so, you need to hire an expert lawyer. You must search for property lawyers near me and select a lawyer of your choice. You can contact property Lawyers Perth, WA, to access top lawyers who can help you in the legal process of evicting troublesome tenants.