Western Australia Eviction Process: Notice Requirements and Timelines
Understand the WA eviction process including notice periods for non-payment, lease breaches, no-fault termination, and court procedures.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Evicting a tenant in Western Australia is a strictly regulated process under the Residential Tenancies Act 1987, which commenced on 1 October 1989. Landlords must follow the procedures set out in the Act, using the correct prescribed forms and observing the required notice periods. Any attempt to bypass the legal process can result in significant penalties.
Termination Notice Summary
Non-Payment of Rent
If a tenant falls behind on rent, the landlord must follow a two-step process:
Step 1: Breach Notice (Form 21)
Issue a 14-day breach notice (Form 21) advising the tenant they are behind on rent and must pay within 14 days. If the tenant pays within this window, the tenancy continues as normal.
Step 2: Termination Notice (Form 1A)
If the tenant fails to pay within 14 days, the landlord can issue a 7-day termination notice (Form 1A) requiring the tenant to vacate.
- Form 1A is used when a prior breach notice (Form 21) has been issued.
- Form 1B can be used to terminate for non-payment if no prior breach notice was given, allowing the tenant to remain if they pay the overdue rent within 7 days.
Other Lease Breaches
For breaches other than non-payment of rent (e.g., unauthorised pets, property damage, nuisance behaviour):
- Issue a 14-day breach notice (Form 20) giving the tenant time to rectify the issue.
- If not remedied, issue a 7-day termination notice (Form 1C).
- If the tenant still does not vacate, apply to the Magistrates Court.
No-Fault Termination
Periodic Tenancies
A landlord must provide 60 days' written notice to terminate a periodic (month-to-month) tenancy without a specific reason.
Fixed-Term Tenancies
To end a fixed-term tenancy at its natural conclusion, the landlord must provide 30 days' notice before the end date. If neither party gives notice, the tenancy automatically converts to a periodic tenancy.
Sale of Property
If the property has been sold with a contract requiring vacant possession, the landlord must give the tenant at least 30 days' notice.
The Court Process
If a tenant fails to vacate after receiving a valid termination notice, the landlord must apply to the Magistrates Court of Western Australia for an order for termination and possession.
The court will consider:
- Whether proper notice was given using the correct forms.
- Whether the grounds for termination are valid.
- Whether the tenant has any valid defences (e.g., retaliatory eviction).
Tenants experiencing hardship may apply for an order suspending the eviction for up to 30 days to allow them time to find alternative housing.
Prohibited Actions Landlords cannot:
- Change the locks to deny a tenant access.
- Cut off utilities (water, electricity, gas).
- Remove the tenant's belongings from the property.
- Intimidate or harass the tenant into leaving.
These actions constitute an illegal "self-help" eviction and expose the landlord to civil liability and potential criminal penalties.
Sources & Official References
Frequently Asked Questions
▶What is the eviction process for landlords in Western Australia?
The eviction process in Western Australia requires landlords to follow formal legal procedures established by both regional and national law. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order.
▶What are the key landlord-tenant laws in Western Australia?
Western Australia's rental market is governed by the Residential Tenancies Act 1987 (WA), which sets minimum standards for residential tenancy agreements and outlines the rights and responsibilities of both landlords (lessors) and tenants. Significant reforms took effect on 29 July 2024, strengthening tenant protections particularly around rent increases, bond disputes, and termination of tenancy. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What are the rent increase rules in Western Australia?
Western Australia has specific rules governing when and how landlords can increase rent, which may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. These rules may differ from national standards, so landlords must check regional regulations.
Read the complete guide▶What are the security deposit rules in Western Australia?
Security deposit rules in Western Australia govern how much landlords can charge, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all regional and national statutory deadlines.
Read the complete guide▶What are the mandatory lease requirements in Western Australia?
Lease agreements for rental properties in Western Australia must comply with both regional and Australia national law. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation.
Read the complete guide▶What are landlord maintenance obligations in Western Australia?
Landlords in Western Australia are required to maintain rental properties in a habitable condition, ensuring the structure, plumbing, electrical systems, and essential services are in proper working order. Regional laws in Western Australia may impose additional requirements beyond the national standard.
Read the complete guide▶What are the late fee rules in Western Australia?
Western Australia has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on fee amounts, and restrictions on interest charges. Check both regional and Australia national regulations for the applicable rules.
Read the complete guide▶What disclosures must landlords provide in Western Australia?
Landlords in Western Australia must disclose relevant property information to prospective tenants before the lease is signed. Required disclosures may include known defects, environmental hazards, previous damage, and any conditions affecting the tenant's use of the property, in compliance with both regional and national law.
Read the complete guide📬 Get notified when these laws change
We'll email you when landlord-tenant laws update in No spam — only law changes.
