Guide to Ending a Tenancy in Western Australia

Ending a tenancy in Western Australia requires careful attention to both legal requirements and practical steps. Whether you're moving out at the end of your lease or need to terminate your lease early, understanding the process is crucial.

Key Considerations When Ending a Tenancy

Before you begin the process of ending a tenancy, it’s essential to check your rental agreement and understand your rights and responsibilities.

  • Notice periods: Ensure you are giving the correct notice period, as stipulated in your lease or according to WA laws.
  • Bond: Know how and when your bond will be refunded.
  • Final inspection: Be prepared for the final property inspection, ensuring the property is in a comparable condition to when you moved in.
  • Property condition report: Use the report to avoid disputes about bond refunds.

Notice to Terminate a Lease

According to the Residential Tenancies Act 1987, you must provide a written notice to terminate your lease. The amount of notice required depends on the circumstances:

  • For a periodic tenancy, a minimum of 21 days' notice is needed.
  • For a fixed-term lease, notice should be given 30 days before the end of the lease agreement.
  • Use the appropriate form from the Department of Mines, Industry Regulation and Safety to ensure that your notice meets legal standards.

Final Inspection and Returning the Bond

Conducting a final inspection is a critical step when moving out. This involves:

  • Cleaning the property thoroughly.
  • Repairing any damages caused during your tenure.
  • The bond money should be refunded in full unless deductions for damages or unpaid rent are justified.
Keep a copy of all communication with your landlord regarding your intention to vacate and any agreements made about repairs or bond refunds.

Dispute Resolution

If you encounter any disagreements with your landlord about the return of your bond or the condition of the property, you can contact the Consumer Protection for advice or consider applying for assistance through the Western Australia Department of Justice.

  1. What notice do I need to give to end my tenancy? For a periodic lease, a minimum of 21 days' notice is required. For a fixed-term lease, provide notice 30 days before the contract ends.
  2. Can my landlord refuse to return my bond? A landlord can only hold back part or all of the bond for valid reasons, such as covering unpaid rent or repairing damage exceeding ordinary wear and tear.
  3. How can I resolve disputes with my landlord? Consider contacting Consumer Protection or the Residential Tenancies Mandatory Conciliation Service in Western Australia for assistance.

Need Help? Resources for Renters

For assistance or more information, you can reach out to the following resources:


Footnotes

  1. Residential Tenancies Act 1987
  2. Department of Mines, Industry Regulation and Safety
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Australia

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.