How can a tenancy agreement be terminated in Western Australia?
A fixed term tenancy expires on the date set out in the agreement and generally cannot be terminated earlier unless the parties agree in writing to earlier termination. A period tenancy (such as month-to-month) can be ended by the tenant giving 21 days written notice to the landlord. The tenant must also supply a forwarding address in writing, or risk being fined under the Act. If the landlord wishes to end the tenancy for no reason, s/he must give the tenant at least 60 days notice in writing.
If the premises are being sold, the landlord must give the tenant at least 30 days written notice. If the premises have been rendered uninhabitable or been taken over by legal process, the landlord must give at least 7 days written notice.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant for several reasons, including failure to pay the rent as it comes due, for a breach of a condition of the rental agreement, for holding over (refusing to move) after the rental agreement expires, for causing or permitting serious damage to the rental premises or injury to the landlord, neighbours or guests.
The landlord must first give the tenant proper notice as prescribed by the Act. If the tenant does not either move out or correct the default within the time set out in the notice, the landlord can proceed with the eviction action. It is illegal for a tenant to evict a tenant without a court order.
A landlord cannot increase rent, threaten eviction, cut off or reduce services as retaliation against a tenant for complaining to the landlord or to a government agency with respect to the condition of the premises, for organizing or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies.
It is against the law under the Equal Opportunity Act (WA) to discriminate in accommodation on the basis of age, race, sex, marital status, disability, sexual orientation, pregnancy, marital status, religious or political beliefs, or gender history.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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