Tenant ending a tenancy
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Tenant wants to end a tenancy
- You can end a periodic tenancy agreement without having to provide a reason, but tenants must give the lessor a minimum 21 days' notice in writing.
- Should the premises be destroyed, compulsorily acquired by law, or become uninhabitable (this applies to both periodic and fixed-term tenancies) and the tenant/s want to end the agreement, the period of notice is not less than two days.
- Tenants affected by family violence can give a minimum 7 days’ notice to terminate their interest in a tenancy agreement (either fixed-term or periodic) and vacate with immediate effect. They must provide the lessor with a Notice of termination of tenant’s interest in residential tenancy agreement on grounds of family violence (Form 2) and a form of evidence such as a Family Violence Restraining Order or an official Consumer Protection Family violence report - evidence form signed by a designated professional.
- The tenant/s can also seek an order from the Magistrates Court to end a fixed-term agreement if the lessor has not kept to any one of the terms of your tenancy agreement and refuses to fix the problem.
- A fixed-term agreement can also end by mutual agreement signed by the tenant/s and the lessor.
Apart from the above situations, the tenant/s are committed to a fixed-term tenancy agreement for the period written in the contract. Having said this, a tenancy doesn’t automatically end when the fixed-term tenancy agreement does unless you have given (or been given) 30 days’ notice.
Breaking a fixed-term agreement without first obtaining the written agreement of the lessor can be costly. The tenant/s might have to pay rent and maintenance expenses on the property until the lessor finds a new tenant or the original tenancy period expires. The tenant/s may also be asked to pay other reasonable costs incurred by the lessor as a result of the tenant/s ending the tenancy agreement early.
If the tenant/s need to end the agreement early, they should try to give as much notice as possible so the lessor can take all reasonable steps to find a replacement tenant as soon as possible.
The tenant/s must also give the lessor a forwarding address at the end of any tenancy.
Refer to the notices section for how and when to issue notices.
You can also read more about how and when a lessor can end an agreement.
Tenants can get advice from Circle Green Community Legal (the new home of Tenancy WA) at a cost of $40, which can be waived for people with low income or other hardship. Complete their online legal assistance request form or call (08) 6148 3636 or for country callers 1800 621 888.
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