Western Australia Eviction Process: Notice Requirements and Timelines

Evicting a tenant in Western Australia is a strictly regulated process. Landlords must follow the procedures set out in the Residential Tenancies Act 1987 (WA), using the correct prescribed forms and observing the required notice periods. Any attempt to bypass the legal process can result in significant penalties.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Eviction processes must be followed precisely. Always consult a licensed legal practitioner in Western Australia for guidance specific to your situation. Information last verified: March 2026.

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 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 or 1B)

If the tenant fails to pay within 14 days, the landlord can issue a 7-day termination notice requiring the tenant to vacate.

• Form 1A terminates the tenancy entirely.
• Form 1B allows the tenant to remain if they pay the overdue rent within 7 days; if not, the landlord can apply to court.

Other Lease Breaches

For breaches other than non-payment of rent (e.g., unauthorised pets, property damage, nuisance behaviour):

1. Issue a 14-day breach notice giving the tenant time to rectify the issue.
2. If not remedied, issue a 7-day termination notice (Form 1C).
3. 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.

How Landager Helps

Evictions require meticulous documentation and strict adherence to timelines. Landager helps you generate the correct prescribed forms, track every step of the breach/termination process with timestamped records, and maintain a comprehensive communication log—giving you the evidence needed if the matter proceeds to the Magistrates Court.

Back to Western Australia Landlord-Tenant Laws Overview.