Tenant damaged your rental property? Here’s what to do next

Ah, the joys of being a landlord. One minute you’re admiring your neatly painted walls, the next you’re staring at a hole the size of a football and wondering if someone mistook the living room for a gym.

If your tenant has left more than just a few scuff marks, don’t panic. In this guide, we’ll walk you through what counts as tenant damage, what your rights are under WA law, and what steps you can take to sort it all without losing your cool.

Step 1: Is it tenant damage or just fair wear and tear?

Before you jump into repairs or reach for the bond, it’s important to understand whether what you’re looking at is actual tenant damage, or simply fair wear and tear.

Under WA tenancy law, fair wear and tear refers to the gradual deterioration that happens to a property over time through normal use. This includes faded curtains from sun exposure, light scuffing on walls, or worn carpet in high-traffic areas.

Damage to rental properties by tenants, on the other hand, goes beyond that. We’re talking about things like:

• Holes punched in walls (yes, it happens)
• Stains from spills that were never cleaned
• Broken fixtures or fittings due to negligence
• Pet scratches on doors or floors (when pets weren’t approved)

Getting this distinction right matters because only actual damage can be legally charged to the tenant, either through the bond or other recovery channels. It also sets the tone for how you’ll handle the issue moving forward.

Step 2: Document everything

Once you’ve identified damage to the rental property by the tenant, don’t rush to fix it just yet. First, you’ll want to gather as much evidence as possible, as this is your safety net if things end up in dispute.

Here’s what to do:

• Take clear, timestamped photos or videos of the damage from multiple angles
• Note dates and details (when it was discovered, how it may have occurred, etc.)
• Get quotes from qualified tradespeople for the cost of repairs
• Review your Property Condition Report (PCR) from the start of the lease (this is your benchmark for comparison)

The PCR and your inspection reports are crucial here. If the damage wasn’t listed when the tenant moved in, you’ve got a strong case. If you’ve been conducting routine inspections throughout the tenancy (which you absolutely should), those records will also help show when the damage occurred and whether it was reported earlier.

Together, this evidence forms the backbone of any bond claim or formal dispute, helping you resolve things faster and more confidently.

Step 3: Talk to your tenant (or issue a breach notice)

Once you’ve documented the damage, it’s time to open the conversation. Start by speaking with your tenant directly, whether that’s a phone call or email. Keep it calm, factual, and backed by your evidence. In some cases, a friendly chat is all that’s needed for the tenant to acknowledge the issue and agree to fix it.

But if the conversation goes nowhere and the tenant refuses to take responsibility, it’s time to take the formal route.

In Western Australia, landlords can issue a Form 20 – Breach Notice for Tenant. This notice outlines:

• The nature of the damage
• What the tenant needs to do (i.e. repair or pay for repairs)
• A clear timeframe for resolution (usually 14 days)

Make sure the breach notice is detailed, accurate, and backed by your records. If the tenant still doesn’t comply within the timeframe, you’ll be able to take the next steps confidently, knowing you’ve done everything by the book.

Step 4: Use the bond or take further action

If the tenant doesn’t respond to the breach notice or refuses to pay for or repair the damage, you have the right to claim part (or all) of their bond to cover the costs.

In WA, the bond is held by the Bond Administrator, and you’ll need to submit a bond disposal form outlining your claim. This is where your photos, reports, quotes, and condition reports come into play. The more detailed your documentation, the stronger your case.

If the tenant disagrees with the claim, the matter can be escalated to the Magistrates Court, where a final decision will be made. In most cases, well-kept records make a big difference in reaching a fair outcome.

And if the damage is more serious or your relationship with the tenant has completely broken down, you may also consider ending the tenancy. We’ll cover that next.

Step 5: Serious damage? When eviction becomes an option

In more extreme cases—say a fire, major flooding, or damage that makes the property unsafe or uninhabitable—you may be able to terminate the tenancy immediately under WA law.

This applies when the damage is so severe that the property can’t reasonably be lived in, even temporarily. In these situations, you can issue a Notice of Termination without the usual notice periods. If the tenant agrees, you can both sign off on ending the lease and arrange the bond refund as usual.

However, this isn’t a step to take lightly. If you’re unsure, it’s best to seek advice from Consumer Protection WA or speak to a professional property manager. Ending a tenancy early comes with strict requirements, and following the right process helps avoid further complications or legal disputes down the track.

Step 6: Does landlord insurance cover tenant damage?

Landlord insurance can be a real lifesaver, but it’s not a blanket solution for every issue. Most policies will cover accidental or malicious damage caused by tenants, but there are usually a few conditions (and exclusions) to be aware of.

Here’s what’s often covered:

• Vandalism or intentional damage
• Accidental damage (e.g. a large spill or broken appliance)
• Loss of rent due to damage, making the property unlivable

But keep in mind:

• Pet damage, gradual wear, and neglect are often excluded
• You’ll typically need to show evidence (photos, condition reports, quotes)
• You may still need to claim from the bond first before insurance kicks in

It’s always worth reviewing your policy or chatting to your insurer if you’re unsure. And if you’re managing the property yourself, consider whether your current coverage matches the level of risk you’re comfortable with.

Step 7: Prevention is better than cure

While no landlord can predict every situation, there’s a lot you can do to reduce the risk of tenant damage. And it all starts with smart, proactive property management.

At Semple Property Group, we manage properties with a clear focus on minimising risk and keeping things running smoothly. That includes:

• Properly screening every tenant, including thorough reference checks
• Completing detailed entry and exit reports with photographic evidence
• Scheduling routine inspections across the tenancy, not just at the end
• Maintaining clear communication so issues are picked up early

This is how we help landlords avoid those “how did this happen?” moments and keep property protected at every stage.

Tired of the stress? Let Semple handle it from here

Dealing with property damage is no one’s idea of a good time. The phone calls, the follow-ups, the feeling that you’re suddenly running a small repair business; it gets old fast.

That’s where we come in. At Semple Property Group, our approach to property management in Perth is hands-on and straightforward. We stay on top of the details, deal with issues before they drag out, and keep you fully informed along the way.

Let’s make looking after your rental feel a whole lot easier. Get in touch today.