What You Need to Know About Breaking a Lease in Western Australia [2024]

Breaking a lease in Western Australia can be stressful and costly if not handled correctly. Whether you're a tenant facing personal hardship or a landlord needing to end a tenancy early, it's essential to understand your rights and obligations under the Residential Tenancies Act 1987 (WA). This comprehensive guide will help both tenants and landlords navigate the process of breaking a lease in WA, explaining the legal framework, the penalties involved, and the special circumstances that may allow for a lease to be broken without penalty.

If you're a tenant considering breaking your lease early, it's important to understand that you are legally bound by the terms of your fixed-term agreement. However, life can be unpredictable, and circumstances may force you to end your lease before the agreed term. Here’s what you need to know about breaking your lease early as a tenant in WA.

First, you are required to give your landlord written notice of your intention to leave. The notice should specify the date you intend to vacate the property and the reason for leaving. When breaking a lease, you may be liable for rent payments until a new tenant is found or until the lease expires—whichever comes first. The landlord is required by law to take reasonable steps to find a replacement tenant quickly, but during this time, you're still responsible for the rent.

You may also have to cover the advertising costs for finding a new tenant, as well as any lease break fees outlined in your agreement. These fees are usually related to the amount of time remaining on your lease. The shorter the remaining period, the lower the lease break fee tends to be.

If you are facing unforeseen circumstances like a change in job location, health reasons, or financial difficulties, talk to your landlord. Often, landlords are willing to negotiate early termination agreements to minimise costs and stress on both sides. Always make sure any agreements are put in writing.

An effective way to minimise penalties is to find a replacement tenant for your landlord. Leaso.com offers a platform where you can advertise your rental property to a wide audience, increasing the chances of finding a suitable tenant quickly.

Visit Leaso.com to start listing your property and take control of your lease termination process.

If you break your lease in Western Australia, the consequences depend on your situation and how well you adhere to the notice requirements. The Residential Tenancies Act 1987 (WA) outlines specific steps and potential penalties for tenants who terminate their lease early.

When you break a lease, you may be responsible for ongoing rent until the landlord finds a new tenant or the lease term ends. This can create a financial burden, particularly if it takes time to re-lease the property. However, the landlord must mitigate their losses by taking reasonable steps to re-rent the property. This means actively advertising the property and considering all reasonable applications from potential tenants.

In addition to paying rent, you may also be liable for advertising costs and any fees incurred by the landlord in their efforts to find a replacement tenant. It’s important to understand that your exact financial obligations depend on your tenancy agreement.

Always refer to your lease contract and consult with your property manager or landlord to clarify your responsibilities.

Breaking a lease also has potential impacts on your rental history. Failing to follow proper legal processes or leaving without notice can result in a negative rental record, making it harder to secure future rentals. It’s always best to handle lease breaks in a legal, documented manner to protect your reputation as a tenant.

When a tenant breaks a lease early, they may be required to pay certain penalties, depending on the lease agreement. The key penalties include:

The exact penalty will vary depending on the terms of your lease. Some tenancy agreements may include a flat fee for breaking the lease, while others may calculate it based on the duration remaining on the agreement.

Tip: Minimise penalties by ensuring that the property is in good condition when vacating and by giving the landlord as much notice as possible. You can also use Leaso.com to find a replacement tenant, potentially reducing the landlord's costs and, consequently, your financial obligations.

For landlords, breaking a fixed-term lease early is much more limited under WA law. Generally, a landlord cannot terminate a lease early without a valid reason. However, certain circumstances allow landlords to break a lease or evict tenants before the end of the agreement.

Unlike tenants, landlords must go through a legal process to break a lease and cannot simply issue a termination notice without proper grounds.

Western Australia has specific provisions in place for tenants who need to break their lease due to domestic violence. If you're a victim of domestic violence, you can terminate your lease early without penalty, ensuring your safety and wellbeing.

To break your lease under domestic violence provisions, you need to provide your landlord with a notice of termination and evidence of your situation, such as a Family Violence Report from a police officer, doctor, or another authorised person. The notice must specify the date on which you intend to leave the property, which can be as soon as the notice is delivered.

Once the notice is given, your obligations under the tenancy agreement end on the specified date, and you are not required to pay additional fees for ending the lease early. This compassionate approach ensures victims of domestic violence can leave unsafe living environments without financial repercussions.

For more information, visit the Department of Mines, Industry Regulation and Safety (DMIRS) - Domestic ViolenceProvisions.

Although tenants usually face fees when breaking a lease early, certain situations allow them to terminate the tenancy without incurring extra costs. These include:

In these cases, it's important to provide proper documentation and communicate clearly with your landlord. Ensuring all notices and agreements are in writing can protect both parties from future disputes.

One of the simplest ways to break a lease early without facing penalties is to reach a mutual agreement with your landlord. If both parties agree to end the tenancy before the lease term expires, this can significantly reduce or eliminate any costs typically associated with breaking a lease.

To successfully negotiate a mutual agreement:

By taking proactive steps, you can make the process smoother for both parties.

Navigating lease agreements and understanding your rights can be challenging. Leaso.com offers an AI chatbot providing free, personalised advice for tenants in Western Australia.

Visit Leaso.com and chat with our AI bot to empower yourself with the knowledge to protect your rental future.

1. Can I break my lease early if I find a new tenant?

Yes, if you find a suitable replacement tenant, your landlord may agree to transfer the lease, potentially reducing or eliminating your financial obligations. Using Leaso.com to advertise your property can help you find a new tenant quickly.

2. How much notice do I need to give to break my lease in WA?

There is no specific notice period for breaking a fixed-term lease early; however, you should provide as much notice as possible. For ending a periodic (month-to-month) lease, you must give at least 21 days' written notice.

3. What if my landlord refuses to agree to an early termination?

If the landlord does not agree to an early termination, you may still break the lease but could be liable for rent until a new tenant is found or the lease expires, along with any applicable fees.

4. Do I have to pay for advertising costs when breaking my lease?

Yes, you may be required to cover reasonable advertising costs incurred by the landlord in finding a new tenant.

5. Can a landlord increase rent after I break the lease?

If a new tenant agrees to pay higher rent, it does not affect your obligations. However, you are not responsible for any difference if the new tenant pays more.

Breaking a lease in Western Australia can seem daunting, but by understanding your rights and responsibilities, you can navigate the process smoothly. Whether you're ending a lease early due to unforeseen circumstances, financial hardship, or domestic violence, knowing the legal framework and potential penalties can help you make informed decisions.

Your rental journey matters. Be proactive, exercise your rights, and let Leaso.com support you every step of the way.

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