Notice of termination from tenant to lessor - Form 22
There are a number of notices designed to help the lessor, property manager and tenant/s deal with various issues.
Only issue a notice after you have tried to negotiate the problem or dispute with the other person.
Standard forms and notices
When a notice is served, proper procedures must be observed. If the matter ends up in court, the person who prepared the notice would have to prove it had been served correctly. How to serve notice correctly is covered in more detail in using notices and counting days.
When to use this form
This form may be used when the grounds for termination are one of the following:
- Termination of periodic tenancy without specifying any grounds: Twenty-one (21) days’ minimum notice. A periodic tenancy is a tenancy without an end date, or when a fixed-term tenancy has continued past its end date. (Section 68)
- The premises, or part of the premises, are destroyed/ rendered uninhabitable/ cease to be lawfully usable as a residence/ are appropriated or acquired by any authority by compulsory process (cross out whichever not applicable): Two (2) days’ minimum notice. If the damage to the property was not caused by the tenant breaching the tenancy agreement, the tenant may give 2 days’ minimum notice. (Section 69(1), 69(3)-(4))
- Termination to end a fixed-term tenancy: Thirty (30) days’ minimum notice. A fixed-term tenancy does not end on the expiry date of the fixed term tenancy agreement unless the tenant or lessor provides a minimum of 30 days’ notice. The date identified above as the date the tenant will give vacant possession of the premises can be on or after the date of the expiry of the fixed-term agreement. If the lessor and tenant nominate different days, then the earliest day is the day the tenant must give vacant possession of the premises. (Section 70A)
- Co-tenant ending their own interest in a fixed-term tenancy after receiving copy of Notice of Termination of Tenant’s Interest in Residential Tenancy Agreement on Grounds of Family Violence (Form 2): Twenty-one (21) days’ minimum notice. The co-tenant must give notice to the lessor within 7 days after receiving copy of Notice of Termination. (Section 71AD)
Important information for tenants
Residential tenancy laws require a period of written notice and other restrictions on how a lessor (landlord) and tenant can end a tenancy agreement.
If you want to end the residential tenancy agreement and move out, you will need to let the lessor or their property manager know in writing. You can give written notice using this form or by writing a letter.
Seek further information you if want to end a fixed-term tenancy before the end date in the tenancy agreement because extra costs may apply.
For further information about tenancy rights, refer to the Residential Tenancies Act 1987 or contact the Department of Energy, Mines, Industry Regulation and Safety on 1300 304 054 or www.dmirs.wa.gov.au/consumer-protection.
For Translating and Interpreting Services please telephone TIS on 13 14 50 and ask to speak to the Department of Energy, Mines, Industry Regulation and Safety on 1300 304 054 for assistance.