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  1. #51
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    Quote Originally Posted by Pina Colada View Post
    WA has crazy tenancy laws. In Queensland we always got 2 hr timeframe but in WA it was 4-6hrs.

    Also I just found out in Queensland if a landlord is not going to renew a lease they need to give 2 months notice before the end of the lease. In WA the landlord can legally tell you on the day the lease ends and expect you to leave that day. How freaking backwards are the laws in WA.
    Sure, but who in their right mind would know their lease was due to expire and not make arrangements to either stay on periodically or sign a new lease? Works both ways - a tenant can drop the keys off on the day without notice too. If a landlord was to do that, and assuming that you did not move out that day they would have to go through the whole breach/eviction/legal action to get you out which is way more expensive, they'd just normally give you notice.

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    Quote Originally Posted by Hulahoop View Post
    Sure, but who in their right mind would know their lease was due to expire and not make arrangements to either stay on periodically or sign a new lease? Works both ways - a tenant can drop the keys off on the day without notice too. If a landlord was to do that, and assuming that you did not move out that day they would have to go through the whole breach/eviction/legal action to get you out which is way more expensive, they'd just normally give you

    notice.
    I have never heard this and I'm in WA. I have always understood they have to give 60 days notice if they want you to leave and you haven't signed another lease. Where are you getting this info from?

  3. #53
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    Quote Originally Posted by Hulahoop View Post
    Sure, but who in their right mind would know their lease was due to expire and not make arrangements to either stay on periodically or sign a new lease? Works both ways - a tenant can drop the keys off on the day without notice too. If a landlord was to do that, and assuming that you did not move out that day they would have to go through the whole breach/eviction/legal action to get you out which is way more expensive, they'd just normally give you notice.
    I'm not in WA but that doesn't sound right at all. I doubt any state has a law that states that at the end of a lease a tenant or a landlord can tell the person to get out. It just isn't logical.
    In NSW you get 60 days notice from your landlord, tenants have to give three weeks notice and if you want to kick someone out before the lease is up it's a matter for the tribunal.
    I've been living in my rental for 2 1/2 years and only signed up for 12 months. It's what usually happens in NSW, most people don't re-sign a lease, you just stay on.
    I know it's a different state but I'm having a very hard time believing that these are the laws.

  4. #54
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    Quote Originally Posted by Hulahoop View Post
    Sure, but who in their right mind would know their lease was due to expire and not make arrangements to either stay on periodically or sign a new lease? Works both ways - a tenant can drop the keys off on the day without notice too. If a landlord was to do that, and assuming that you did not move out that day they would have to go through the whole breach/eviction/legal action to get you out which is way more expensive, they'd just normally give you notice.
    Yes of course it works both ways. - a tenant could move out on the last day and hand the keys in with no notice. Although in Queensland a landlord has to give 2 months notice, and the tenant only 2 weeks notice if they will not be renewing lease.

    Anyway I think my point still stands though - as likely or unlikely as it may be, they are legally able to...and I think the WA laws are rubbish (for both sides) And there ARE tenants and landlords that like to stretch every legal loop hole for all it is worth. I have a tenant that if it were WA would totally move out on the last day of a lease. She is a charmer like that.

    A friend of mine in WA just received 2 weeks notice that a lease will not be renewed. She received this notice after making enquiries 2 weeks earlier, so a month before the lease was due to expire. She is now at open homes with 10 other families at each one. I just gave my tenants in QLD notice that we will not be renewing their lease - with the prescribed 2 months notice. I know who's shoes I would rather be in.

    I also have doubts that many people in WA would even be aware of this. I rented there for 2 years and didn't realise that we weren't entitled (or required to give) notice to vacate at the end of a lease.
    Last edited by Pina Colada; 07-08-2012 at 21:23.

  5. #55
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    Quote Originally Posted by Wastingtime View Post
    I'm not in WA but that doesn't sound right at all. I doubt any state has a law that states that at the end of a lease a tenant or a landlord can tell the person to get out. It just isn't logical.
    In NSW you get 60 days notice from your landlord, tenants have to give three weeks notice and if you want to kick someone out before the lease is up it's a matter for the tribunal.
    I've been living in my rental for 2 1/2 years and only signed up for 12 months. It's what usually happens in NSW, most people don't re-sign a lease, you just stay on.
    I know it's a different state but I'm having a very hard time believing that these are the laws.
    A quick link with the info on WA ending a tenancy laws.

    http://www.taswa.org/infosheets/pdf/...rm-tenancy.pdf

    I've been through all of this recently as my friend was upset at 2 weeks notice, and I told her Queensland is 2 months so surely WA must be similar and after some investigation found out that they didn't even have to give her 2 weeks notice.

    I am talking about the end of a fixed term lease.

    If it is a periodic lease, a tenant needs to give 21 days and a landlord 60days.
    Last edited by Pina Colada; 07-08-2012 at 21:16.

  6. #56
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    Yep - periodic notice 21 days tenant 60 days landlord.
    End of lease - zero either side. Although the second it clicks over to midnight on the night it expires - you're automatically then periodic.

    Might be a silly law - but don't enter contracts without knowing all of the exit points and charges - for rentals, hire purchase etc. My point was it would be silly to enter into a written agreement without understanding the small print - especially when it's the roof over your head! The rental market here is insane, why would you do that to yourself?

    Apologies for the hijack OP. I would detail the house from end to end and use it as a good excuse for a good clean.


 

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