Is Your Landlord Violating the Lease? What Can You Do?

August 7, 2025    propertylawyersperthwide
Is Your Landlord Violating the Lease? What Can You Do?

Rental contracts can be a tricky area, especially when you believe that your landlord is failing to fulfil their end of the bargain. It is necessary to know your rights and how to respond in the event of something going wrong in a rental arrangement.

This guide shows the procedure to identify a lease breach, the Landlord and Tenant Law rights in Perth, and legal means available to you in case your landlord takes actions beyond the limit.

The Knowledge of the Lease Agreement

Residential tenancy is a legally binding document that gives the rights and duties of the landlord and the tenant. As a rule, it deals with such significant issues as rent, property maintenance, notice, and premises occupation. There are, however, landlords who do not fulfil their duties. It is when ot is suggested to obtain legal advice for tenants from the best property lawyer in Perth.

Common Violations of Leases by Landlords

Violations of leases can take numerous forms, and although some are not significant, others can markedly affect a tenant’s rights and way of life. Some of the common violations by landlords include:

  • Failure to keep the property: Landlords have a duty to keep the rental property safe, clean, and in decent condition.
  • Forcing entry with insufficient notice: In general, landlords are required to provide a minimum notice of 72 hours to enter the premises, unless in case of emergency.
  • Illegal eviction or intimidation: Eviction of a tenant by the landlord without resort to lawful eviction procedures is also a breach.
  • Failure to comply with bond law: Failure to deposit the bond with the relevant authority or refusal to refund it without just cause can also be an offence.
  • Discrimination or harassment: Tenants are entitled to quiet possession of the property without harassment or interference.

When such a problem occurs, it is best to seek the advice of tenancy dispute lawyers or property lawyers Perth WA and know how the law will ensure your protection.

Legal Safeguards for Perth Tenants

The relations between landlords and tenants are regulated by the Residential Tenancies Act of 1987 in Western Australia. The law provides powerful protection to the tenants, which includes the right to:

  • Live in a rented accommodation facility that is well taken care of in terms of cleaning and maintenance
  • Receive adequate notice before the landlord enters the home
  • Have written notice provided when the rent is to be raised
  • Challenging unfair evictions through proper legal avenues

Tenants are also entitled to seek the Magistrates’ Court in case they feel that their landlord has violated the lease contract. It’s usually best to seek the services of legal representation for tenants in such cases to ensure that your rights are adequately exercised and protected.

Steps to Follow If Your Landlord Breaks the Lease

In case you believe that your landlord has violated the lease terms, take the following steps:

1. Document Everything

Maintain a record of communications, incidents, and any correspondence concerning the problem. Photos, videos, emails, and text messages can all be used as evidence in a court case.

2. Communicate Clearly

Sometimes problems are fixed by clear, written communication. Set out your issues in a polite manner and allow the landlord to reply. You can also take legal advice for tenants from specific professionals.

3. Obtain Legal Advice

In case it persists or develops, talk to professionals who work with Landlord and Tenant Law Perth. Your rights are explained, advise is given on what can be done, and in some cases, negotiations are conducted on your behalf by the Perth property lawyers.

4. Approach the Magistrates’ Court

In case you cannot resolve the problem informally, you can then make an application to the Magistrates Court seeking orders which may be, among others, an order to pay compensation, or an order to cancel the lease. Perth tenancy lawyers are capable of guiding you through this process, helping you in preparing your case, and defending you.

When to Hire a Property Lawyer

You may want to hire a property lawyer Perth or a tenancy dispute lawyer when:

  • You are wrongfully evicted
  • Your landlord is refusing to attend to urgent repairs
  • You are suffering harassment or discrimination
  • You think your bond is being unfairly withheld
  • The landlord is entering your property without notice or consent

These scenarios are most likely to be accompanied by complexities of legal interpretations, and possible solutions might even require the court. The right Perth property lawyer is not only familiar with the letter of the law but also understands how to apply it strategically to protect your rights.

Wrapping Up

Landlords are also bound to follow the conditions of the lease agreement just as tenants are. When their offence is against such terms, the law supports you. It may be an unauthorised entry, the failure to take proper care of the property or a wrong eviction notice; it is important to take swift action and find landlord-tenant legal advice.

Property law Perth can prove to be a complex one, but tenants have their rights stated and enacted law must be supported. Due to the work of experienced tenancy lawyers in Perth, now you can professionally settle disputes and have your tenancy addressed fairly and legally.

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