Can a landlord break a fixed-term lease in WA?

In Western Australia, a fixed-term lease is a legally binding contract between a landlord and a tenant that specifies the duration of the tenancy. However, there are circumstances in which a landlord may be able to break a fixed-term lease.

Yes, a landlord can break a fixed-term lease in WA. However, they can only do so in limited circumstances and must follow the proper procedures to terminate the lease.

One of the main reasons a landlord may be able to break a fixed-term lease is if the tenant breaches the terms of the lease agreement. This can include failing to pay rent, causing damage to the property, or engaging in illegal activities on the premises.

Additionally, if the landlord requires possession of the property for their personal use or to carry out major renovations, they may also be able to terminate the lease early. In both of these cases, the landlord must provide the tenant with proper notice and follow the rules set out in the Residential Tenancies Act 1987.

FAQs about breaking a fixed-term lease in WA

1. Can a tenant break a fixed-term lease in WA?

Yes, a tenant can break a fixed-term lease in WA, but they may be required to pay compensation to the landlord for ending the lease early.

2. How much notice does a landlord have to give to break a fixed-term lease in WA?

The amount of notice required depends on the reason for terminating the lease. For example, if the landlord is ending the lease due to rent arrears, they must give the tenant at least 14 days’ notice.

3. Can a landlord evict a tenant without a reason in WA?

A landlord cannot evict a tenant without a valid reason in WA. They must have grounds for termination, such as non-payment of rent or breaching the terms of the lease.

4. What happens if a landlord breaks a fixed-term lease in WA?

If a landlord breaks a fixed-term lease in WA without a valid reason, they may be liable for compensation to the tenant. The tenant may also have the right to take legal action against the landlord.

5. Can a landlord increase rent during a fixed-term lease in WA?

A landlord cannot increase the rent during a fixed-term lease in WA unless there is a specific clause in the lease agreement that allows for rent increases.

6. Can a landlord terminate a fixed-term lease early for selling the property in WA?

A landlord can terminate a fixed-term lease early in WA if they need to sell the property. They must give the tenant proper notice and follow the rules set out in the Residential Tenancies Act.

7. Can a landlord enter the property without notice in WA?

A landlord must provide notice before entering the property in WA, except in cases of emergency. They must give the tenant at least 7 days’ notice before conducting routine inspections.

8. Can a tenant dispute a landlord’s decision to break a fixed-term lease in WA?

If a tenant believes a landlord has unfairly broken a fixed-term lease in WA, they can dispute the decision through the State Administrative Tribunal. The tribunal will assess the situation and make a decision based on the evidence provided.

9. What happens if a tenant refuses to leave after a fixed-term lease is terminated in WA?

If a tenant refuses to leave after a fixed-term lease is terminated in WA, the landlord can apply to the State Administrative Tribunal for a termination order. The tribunal may order the tenant to vacate the property and pay compensation to the landlord.

10. Can a landlord refuse to renew a fixed-term lease in WA?

A landlord is not required to renew a fixed-term lease in WA once it expires. However, they must give the tenant proper notice if they do not intend to renew the lease.

11. Can a landlord require a tenant to pay for repairs during a fixed-term lease in WA?

A landlord is responsible for maintaining the property and carrying out necessary repairs during a fixed-term lease in WA. They cannot require the tenant to pay for repairs unless the damage was caused by the tenant’s negligence.

12. Can a tenant sublet a property during a fixed-term lease in WA?

A tenant may be able to sublet a property during a fixed-term lease in WA, but they must obtain the landlord’s written permission before doing so. Failure to do so could result in the termination of the lease.

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