Western Australia Lease Agreement Requirements

In Western Australia, residential tenancy agreements are regulated by the Residential Tenancies Act 1987 (WA). While landlords and tenants can negotiate specific terms, the Act sets minimum standards that apply to all tenancies, and any clause that contradicts these standards is void and unenforceable.

Written vs. Verbal Agreements

Tenancy agreements in WA must be in writing. The Residential Tenancies Act 1987 requires all residential tenancy agreements to be in a prescribed written format. While the Act still applies to a tenancy even if it is only verbal, failing to use a written agreement is a breach of the law.

A standard written tenancy agreement form is available from WA Consumer Protection and is commonly used by property managers.

Types of Tenancy Agreements

Fixed-Term Agreements

A fixed-term lease runs for a specified period (e.g., 6 or 12 months). At the end of the term, the landlord must give at least 30 days' notice and the tenant must give at least 30 days' notice if they do not wish to continue. If neither party gives notice, the tenancy automatically converts to a periodic tenancy.

Periodic Agreements

A periodic tenancy runs on a rolling basis (typically week-to-week or month-to-month) with no fixed end date. Either party can end it by providing the required notice (at least 21 days for tenants, and at least 60 days for landlords for a 'no grounds' termination, subject to legislative conditions).

Mandatory Inclusions

Every WA tenancy agreement should clearly state:

Prohibited Clauses

The Residential Tenancies Act voids certain clauses even if they appear in a signed agreement. A landlord cannot include terms that:

• Require the tenant to pay the landlord's legal costs for preparing the agreement.

• Impose late fees or penalties on overdue rent.
• Require the tenant to have the property professionally cleaned at the end of the lease (the tenant must leave it "reasonably clean," but a specific professional cleaning clause is generally unenforceable).
• Waive the tenant's right to a Property Condition Report.
• Allow the landlord to enter the property without proper notice.
• Exempt the landlord from their repair and maintenance obligations.

Pets Under

the 2024 reforms, WA tenants can request approval to keep a pet. Landlords cannot unreasonably refuse a pet request. If a landlord wishes to refuse, they must apply to the Commissioner for Consumer Protection within 14 days with a valid reason. If no response is given within 14 days, the tenant may keep the pet.

A pet bond of up to $260 may be charged for animals capable of carrying parasites affecting humans.

Modifications to the Property

Tenants can request approval to make minor modifications (e.g., installing picture hooks, security cameras, or garden beds). Landlords cannot unreasonably refuse these requests. The tenant must restore the property at the end of the tenancy unless both parties agree otherwise.

Breaking a Lease

If a tenant needs to end a fixed-term lease early:

• They must provide written notice specifying their vacate date.
• They remain responsible for rent until a new tenant is found or the term expires.
• The landlord must take reasonable steps to re-let the property to mitigate losses.
• Break-lease costs may include advertising, re-letting fees, and rent during the vacancy period.

Special provisions apply for tenants experiencing family/domestic violence, who can terminate early without penalty.

How Landager Helps

Ensuring your lease agreements are compliant with WA law is essential for avoiding disputes. Landager provides state-specific lease templates with compliant terms, allows tenants to digitally review and sign, and stores all executed agreements in a secure, searchable dashboard—making lease renewals and audits straightforward.

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