How to evict a tenant: your step-by-step guide

Evicting a tenant is never an easy decision. While it’s often a last resort after attempting to resolve issues, sometimes eviction becomes necessary to protect your property and financial well-being.

In Australia, particularly with the latest WA Rent Reforms introduced in 2024, the eviction process comes with strict legal guidelines designed to ensure fairness and uphold the rights of both landlords and tenants. Navigating this process can feel overwhelming, but with a bit of knowledge and a lot of empathy, you can handle it with professionalism and care.

Understanding eviction

Eviction is a legal process that no landlord looks forward to, but sometimes it’s the only way to resolve ongoing issues. Whether it’s due to non-payment of rent, property damage, or lease violations, understanding your rights as a landlord under the new laws will help ensure the process is handled correctly.

In Western Australia, the Residential Tenancies Act 1987 (WA) governs evictions, and recent updates in 2024 further highlight the importance of following the correct legal process. Failure to adhere to the proper steps can result in penalties or even make the eviction unlawful.

Lawful reasons to evict a tenant

• They haven’t paid rent on time or at all.
• They’ve caused significant property damage, beyond wear and tear.
• They’ve engaged in illegal activities on the premises.
• They create significant disturbance or nuisance to neighbours.
• Major renovations or repairs are needed.
• Abandoning the property or unauthorised subletting.
• They’ve breached the rental agreement (there must be an attempt for the breach to be rectified first; eviction is a last resort).

Unlawful reasons to evict a tenant

• Discrimination
• Retaliation for your tenant exercising their legal rights (e.g. reporting violations)
• Personal dislike
• Changes to family status (e.g. pregnancy or custody of children)
• Occupation

Read about how to handle tenant disputes.

Step 1: Review the lease agreement

The first step in the eviction process is to thoroughly review the lease agreement. This document is your roadmap, outlining the terms and conditions that both you and your tenant agreed to. Look for any specific clauses that pertain to eviction, as these will guide your actions and ensure you’re on solid legal ground.

Pay close attention to any state or local laws mentioned in the agreement. These regulations can affect the eviction process, including notice periods and acceptable grounds for eviction. Taking the time to understand these details upfront can save you a lot of hassle down the road and help you handle the situation with the professionalism and empathy it deserves.

Additionally, under the 2024 WA rent reforms, clauses about tenant modifications or keeping pets may now appear in your agreement, so it’s important to review these carefully when considering an eviction.

Step 2: Provide notice

Once you’ve reviewed the lease agreement and confirmed that eviction is necessary, the next step is to provide the tenant with a formal eviction notice. This is a crucial part of the process, as it legally informs the tenant of the issue and what they need to do to rectify it.

Prepare the notice, clearly stating the reason for eviction, the required action, and the deadline. Make sure all details are accurate to avoid legal issues. Once you service the notice to your tenant, either in person or via mail, make sure you keep a copy for your records and obtain a proof of delivery.

Under the WA Rent Reforms of 2024, landlords must be meticulous in serving the right notice with the correct legal grounds. Improper or premature eviction attempts could result in fines of up to $4,000. Notice periods can vary but typically require 30 days for the end of a fixed-term agreement or 60 days for a periodic lease.

Types of eviction notices

In Australia, there are different types of eviction notices:

• Notice to Remedy Breach: This notice is used when the tenant has violated the lease agreement (e.g. unpaid rent, property damage). It gives the tenant a specific period to fix the problem.
• Notice to Leave: If the tenant doesn’t resolve the issue after receiving a Notice to Remedy Breach, you can issue a Notice to Leave, which requires them to vacate the property.
• Notice to Vacate: This notice is used when the lease term is ending, or you require the property back for personal use or renovations. The notice period can vary, but it’s often 30 days for the end of a fixed-term rental or 60 days for major renovations.
• No-Fault Evictions: These occur when the tenant hasn’t breached the lease, but the landlord wants to regain possession. These require 30 days’ notice for fixed-term agreements and 60 days for periodic leases.

Generally, the process will end with serving the eviction notice but sometimes, further steps must be taken.

Step 3: file an eviction lawsuit

If the tenant doesn’t comply, landlords can file an eviction lawsuit. Keep in mind that under 2024 WA rent reforms, tenants facing financial hardship can request the court to suspend eviction for up to 30 days while they find alternative accommodation.

First, prepare your documents, including:

• The lease agreement.
• Copies of the served eviction notices.
• Proof of notice delivery (such as receipt from registered mail).
• Records of any communications with the tenant regarding the issue.
• Evidence supporting your reason for eviction (e.g. unpaid rent statements, photographs or property damage).

File with the local court or tribunal and pay the filing fee. Check with your local court or tribunal for the exact amount and acceptable payment methods. Once everything is filed, you will need to serve the tenant with a court summons. This informs them of the lawsuit and the date of the hearing. Make sure to follow the proper service methods as required by your jurisdiction.

Get clarity on the eviction process

Evicting a tenant is never easy, but with the right steps, you can handle it smoothly and within the law. Remember: keeping a balance of empathy and professionalism can make this tough situation a bit more manageable for everyone involved.

At Semple, we’re all about making things as hassle-free as possible for you. If you’re stressed out about your investment property or just after a little guidance, reach out to our experienced Perth property management team for some clarity and peace of mind.