What to Do When You Receive a Rental Property Eviction Notice in WA?

June 17, 2024    propertylawyersperthwide
What to Do When You Receive a Rental Property Eviction Notice in WA?

Several factors go into finding the right rental property. It comes with the responsibility of upkeep and maintaining the rules and regulations set in place by the landlord. However, there are instances where the landlord may still hand you an eviction notice WA, which is a notice asking to end the tenancy.


There could be several reasons behind this, which may be addressed from both sides. This article looks into the rental property eviction notice and what you should do in case your landlord hands you one.

When can a landlord issue an eviction notice?

There are various reasons why a lessor may want their tenant to move out, but these may not necessarily be related to any fault of the tenant. It may be because they no longer plan to rent out a particular space or property or set it up for a different plan altogether. At the same time, it could be due to faults on the tenant’s part, such as:


1. If the tenant is behind on the rent payment. In this case, the landlord should first speak to the tenant and negotiate a mutually agreed upon repayment plan. If this doesn’t work out, then the lessor can issue:

  • A notice of termination
  • A breach of agreement

2. Suppose the tenant fails to uphold their part of the agreement outside of the payment of rent, such as damage to property, misdemeanor, etc. Similar to the previous case, the lessor should first reach out to the tenant and try to reach a mutual agreement to solve the issue. However, if it does not work out, the lessor can terminate the agreement based on a Service of a Breach other than failure to pay rent notice.


Outside of these two situations, a rental eviction notice in Perth can also be issued if the residential area is deemed uninhabitable by the local government or if the tenancy term is approaching its expiry. These two conditions fall under Form 1C. In all these situations, contacting the best property lawyers in Perth WA is best to prevent complications.

What rights does the tenant have when faced with eviction?

Sometimes, a tenant eviction notice can come unexpectedly with no prior information. This can be incredibly stressful, especially if the tenant has nowhere else to stay. In such cases, knowing the rights that protect you is important.


1. Before the expiry of your term, the lessor must compulsorily give you a minimum of 30 days’ notice to let you know that they do not wish to extend or renew the agreement. In a fixed tenancy with a specific start and finish date, the contract does not automatically terminate unless the lessor gives you a 30-day notice. Your tenancy expires 30 days from when you’ve been handed the notice, regardless of the fixed date.


2. The 30-day notice rule applies if the landlord decides to sell the premises.


3. If the tenancy has to be ended without the lessor giving any solid reason, the tenant needs to be given a 60-day notice. The tenant may also apply to the court for this extension.


It is necessary to contact property lawyers in Perth in case these rules mentioned above have not been honored.

Rules to be kept in mind during eviction

According to the Residential Tenancies Act of 1987, there are some general rules that both the tenant and the lessor must uphold during eviction. They are:

  1. A written notice must be provided to vacate the property for a proper reason.
  2. The eviction application should be filed using proper procedure within the stipulated time frame.
  3. The property owner must fill out the correct documents without any mistake.
  4. If the tenant ignores the request to vacate, the lessor must seek the decision-making authority of a governing body.
  5. The application for eviction must document and keep records of each prior communication in a way that can be produced in court.


If the landlord does not meet these conditions or does not adequately communicate with the tenant, they should contact top property lawyers in Perth to represent their case.

Wrapping Up

During your tenancy, many unexpected conditions can lead to an early termination. In such cases, it’s necessary to maintain procedure with proper time and reason given to the tenant. The best property lawyers in Perth are experienced in dealing with evictions and can assist if any such situation should arise. If you are facing property notice eviction issues in West Australia, follow these steps mentioned above and seek legal help.

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