When to Seek Legal Advice for Evictions in WA

Dealing with eviction or breach notices can be stressful, especially if you're unsure of your legal rights. In Western Australia, it's essential to know when to seek legal advice to ensure your rights are protected effectively.

Understanding Evictions and Breach Notices

An eviction notice is a formal statement from your landlord indicating the termination of your tenancy. This often comes after a breach notice has been issued if there are unresolved issues or violations of the rental agreement.

Common Reasons for Eviction

• Non-payment of rent
• Damage to the property
• Violation of lease terms
• Illegal activities on the premises

When to Seek Legal Advice

Understanding when to seek legal assistance can help you address issues proactively:

• If you receive a breach notice and believe it is unjustified.
• If you're served with an eviction notice that you think is unlawful or retaliatory.
• If you're unsure of the terms stipulated in your lease agreement concerning eviction.

Securing the advice of a legal expert can help interpret your rights under the Residential Tenancies Act 1987 (WA)¹.

Your Rights as a Renter

As a tenant, you are protected under various state laws. It's crucial to know your rights and responsibilities, including your rights during the eviction process.

Always review your situation in accordance with the Residential Tenancies Act to understand your specific rights.

Responding to Breach Notices

If you receive a breach notice for failing to maintain the property or for other issues, you should:

1. Review the Notice: Ensure it details the breaches clearly.
2. Rectify the Issues: If applicable, address the mentioned concerns to prevent further action.
3. Seek Mediation: Consider mediation services if disagreements continue.

Maintaining correspondence with your landlord and retaining copies of all documents can be beneficial.

Need Help? Resources for Renters

For additional support, here are several resources available in Western Australia:

• Consumer Protection WA - Offers guidance on tenancy rights and obligations.
• Tenancy WA - Provides rental advice and advocacy services.
• State Administrative Tribunal - Handles tenancy disputes in WA.

---

1. What should I do if I receive a breach notice?

   Review the notice carefully and address the specified issue. If you feel it's unjust, seek legal advice.

2. Can I be evicted without a reason in WA?

   Evictions generally require a valid reason, such as a lease breach, and must adhere to the terms outlined by the Residential Tenancies Act.

3. How can I challenge an eviction notice?

   If you believe an eviction is unjust, you can challenge it through the State Administrative Tribunal.

1. How to respond to an eviction notice in Western Australia?
   1. Read the Notice Carefully: Understand the reasons and timelines associated with your eviction notice.
   2. Gather Documentation: Collect lease agreements, communications, and other relevant documents.
   3. Contact a Legal Advisor: Seek legal guidance to explore your options and possibly challenge the notice.
   4. File with the Tribunal: If necessary, you can file an application with the State Administrative Tribunal for a review.

---

1. Fair Trading Act 1987 (Cth)
2. Residential Tenancies Act 1987 (WA)
3. State Administrative Tribunal (WA)

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid