What is a no-fault eviction in Western Australia?
Yes, no-fault evictions are currently legal in Western Australia. A no-fault eviction occurs when a landlord terminates your tenancy without you breaching the lease. For periodic leases, they must provide 60 days' written notice. For fixed-term leases, they can issue 30 days' notice before the term ends.
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How it works in practice
A no-fault eviction allows a landlord to end a residential tenancy without providing a specific reason or proving that the tenant has breached their lease agreement.
Periodic vs Fixed-Term Leases
For periodic (rolling) tenancies in Western Australia, landlords can legally issue a termination notice without grounds. They are strictly required to provide a minimum of 60 days' written notice using the officially approved government form.
For fixed-term leases, a landlord cannot simply evict you without reason during the active contract period. However, they can choose not to renew your lease when the fixed term naturally expires. To do this legally, they must give you at least 30 days' notice before the specified end date of your agreement.
Retaliatory Evictions
While no-fault evictions are currently permitted under the state's Residential Tenancies Act, landlords cannot use them maliciously. If you receive a notice to vacate shortly after asking for repairs or asserting your tenant rights, it may be deemed a retaliatory eviction.
In these situations, tenants have the right to challenge the termination by applying to the Magistrates Court. Always ensure that the paperwork you receive is legally valid and seek legal advice if you are unsure about your rights.
Important exceptions
There are specific exceptions to standard no-fault eviction rules in Western Australia that alter how much notice a landlord must provide.
If the rented property is destroyed, becomes completely uninhabitable, or is subject to a compulsory government acquisition, the required notice period for termination drops significantly to just seven days.
Additionally, if the property is sold and the contract of sale requires vacant possession, the landlord only needs to provide 30 days' written notice for a periodic lease, rather than the standard 60 days.
Finally, landlords cannot use a no-fault eviction as retaliation for a tenant enforcing their rights or requesting routine repairs.
What you should do now
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Read the termination notice carefully to ensure it is on the correct official WA government form and provides the mandatory minimum notice period.
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Check your current lease agreement to confirm whether you are on a periodic (rolling) or a fixed-term contract.
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Continue paying your rent on time and maintain the property to avoid giving the landlord lawful grounds for an immediate breach eviction.
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Contact Consumer Protection WA or a local tenant advocacy service if you suspect the eviction is retaliatory or the paperwork is legally invalid.
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Start searching for a new rental property immediately and request a written reference from your current property manager to assist your future applications.
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