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 Tenancy WA at a cost of $40, which can be waived for people with low income or other hardship.
- Tenancy WA's online booking system
- 9221 0088 (Metropolitan)
- 1800 621 888 (Country callers – Free call)
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