WA Renters: Your Rights on Ending Tenancy & Moving Out

Deciding to move out of your rental property can be a big step, and as a tenant in Western Australia, understanding your rights is crucial. Whether you are planning to end your tenancy at the conclusion of your lease or need to vacate sooner, knowing the legal requirements will help you manage your move smoothly and avoid potential disputes.

Notice Requirements in Western Australia

As a tenant in Western Australia, you must provide written notice when ending your tenancy. The amount of notice depends on the type of tenancy agreement.

• Fixed-term agreements: You must generally provide 30 days' notice before the end of your lease.
• Periodic agreements: A 21-day notice is typically required.

Notice must be in writing and delivered to your landlord or property manager. You can use the Notice of Termination by Tenant Form (Form 22) for this purpose.¹

Returning the Property and Bond

When moving out, you need to ensure the property is as close to its original condition as possible, considering fair wear and tear. This preparation will facilitate the return of your bond. To request your bond back, complete the Bond Disposal Form and return it to the relevant department, usually the Rental Branch of the Department of Commerce.²

Disputes and the Western Australian Tribunal

Sometimes, disputes arise during the moving-out process. The State Administrative Tribunal (SAT) handles these disputes. You may need to apply to SAT if you and your landlord cannot agree on bond deductions or if other issues arise regarding property condition or tenancy terms.³

Tip: Keep a copy of all communication and any agreements made with your landlord during the move-out process to support your case in any disputes.

Legal Framework Supporting Tenants

The rights and responsibilities of tenants and landlords in Western Australia are outlined in the Residential Tenancies Act 1987.⁴ This legislation covers notice periods, rent payments, bond management, and dispute resolution.

1. FAQs About Moving Out:
   1. What happens if I don’t give the proper notice?

      If you fail to provide adequate notice, you may be responsible for paying rent until the notice period is met or until a new tenant is found.

   2. Can I leave early if I find a new place?

      Yes, but you are still required to meet your notice obligations or negotiate an agreement with your landlord to terminate the lease early without penalty.

   3. How do I handle repairs identified during moving out?

      Discuss any repairs needed with your landlord. Significant repairs often require an agreement on how and who will handle these before vacating.

1. How to Lodge a Bond Disposal Form:
   1. Step 1: Complete the Form

      Ensure all tenant and landlord details are correct and that both parties sign the form.

   2. Step 2: Submit the Form

      Submit the completed form to the Department of Commerce. Both parties agreeing on bond distribution can expedite the process.

   3. Step 3: Await Processing

      Typically, bond repayments take a few weeks to process. Check with the department for specific timeframes.

Key Takeaways

• Providing proper notice is essential when ending a tenancy in Western Australia.
• Ensure the property is in good condition to facilitate bond recovery.
• Be aware of your rights and obligations under the Residential Tenancies Act 1987.

Need Help? Resources for Renters

If you need advice or assistance, contact:

• Consumer Protection WA
• Tenancy WA
• Community Legal Centres Association (WA)

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1. Residential Tenancies Act 1987
2. Consumer Protection WA
3. State Administrative Tribunal
4. Residential Tenancies Act 1987

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