Landlord Rights WA: What the Law Actually Entitles You to Do

If you own a rental property in Western Australia, the Residential Tenancies Act 1987 gives you a defined set of legal rights. You can collect rent, hold a security bond, inspect your property, issue breach notices, terminate tenancies, increase rent, and apply to the Magistrates Court when things go wrong.

But every one of those rights comes with conditions. The Act does not give landlords a free hand — it creates a framework where your entitlements are balanced against the tenant’s right to quiet enjoyment, proper notice, and fair process. Understanding both sides of this equation is what separates a landlord who operates confidently from one who accidentally invalidates their own notices or loses bond claims they should have won.

This guide sets out each of your rights under WA law, the specific RTA sections they come from, and the obligations attached to each one. If you are self-managing your rental property — or thinking about it — this is the legal foundation you need to understand.

For a broader overview of the entire Act, see our Residential Tenancies Act WA guide.

For the detailed workflows that sit behind these rights and obligations, start with the WA lease agreement guide, WA rental bond guide, and broader WA residential tenancies act guide guides for this state.

Right to Receive Rent on Time

The tenancy agreement creates a contractual obligation for the tenant to pay rent in the amount and at the frequency specified. This is the most fundamental right you have as a landlord — the entire financial basis of the arrangement.

Under Section 28 of the Act, you can require up to two weeks’ rent in advance at the start of the tenancy. You cannot require more than two weeks’ rent in advance at any time during the tenancy, and you cannot require any payment of rent until the period covered by the previous payment has elapsed.

If you receive rent directly by cash, cheque, or money order, Section 33 requires you to give the tenant a receipt within three days. The receipt must show the tenant’s name, the date, the amount, the property address, and the rental period covered. You must also keep accurate records of rent paid (Section 34). If the tenant pays directly into a bank account, the financial institution’s record is sufficient.

The obligation: You must maintain proper records and issue receipts. You cannot require post-dated cheques (Section 35), charge re-inspection fees, or charge rent payment administration fees. Apart from rent in advance and a security bond, you cannot require any other payment in connection with the tenancy agreement (Section 27).

When rent falls into arrears

If the tenant stops paying rent, you have the right to pursue the debt. The formal process under Section 62(4) requires you to serve a breach notice (Form 21) giving the tenant 14 days to pay, followed by a termination notice (Form 1A) with 7 days to vacate if the breach is not remedied.

Section 66 is critical here: accepting rent after you have given a notice of termination does not waive the breach or the notice. You can continue to accept rent payments while the notice period runs and still apply to the Magistrates Court for an order for possession.

Read our detailed guides: WA Eviction Notice for Non-Payment of Rent (Form 21 + Form 1A) and WA Eviction Guide for Landlords

Right to a Security Bond

Section 29 of the Act entitles you to require a security bond from the tenant before the tenancy begins. The bond is held as security for the tenant’s obligations — unpaid rent, water charges, damage to the property or chattels, and cleaning costs at the end of the tenancy.

For most properties, the maximum bond is four weeks’ rent, calculated on the weekly rate. At $500 per week, the maximum bond is $2,000 — not $2,167 (which would be approximately one month). If the tenant is permitted to keep a pet capable of carrying parasites that can affect humans, you may charge an additional pet bond of up to $350 to cover fumigation and damage caused by the pet.

If the weekly rent is over the current high-rent threshold described in Consumer Protection’s rental bond guidance ($1,200 per week), the four-week cap does not apply and you may charge a higher bond.

The obligation: You must issue a receipt for the bond immediately upon receiving it and lodge it with the Bond Administrator within 14 days of receipt. You cannot hold the bond yourself — not even temporarily. Failure to lodge the bond is a breach of the Act that carries a significant financial penalty.

At the end of the tenancy, the bond is released through the Bond Administrator. There are three pathways for bond disposal: a security bond release application agreed to by all parties, a decision of the Commissioner for Consumer Protection, or an order of the court. Either party can appeal the Commissioner’s decision to the Magistrates Court within 7 days.

Read our full guide: Rental Bond WA — Complete Guide for Self-Managing Landlords

Right to Inspect the Property

Section 46 of the Act gives you the right to conduct routine inspections of your rental property — but within strict limits.

You may conduct no more than four routine inspections in any 12-month period. Each inspection requires written notice (Form 19) given to the tenant between 7 and 14 days before the proposed entry. The notice must specify the date and whether entry will be before or after midday.

A reasonable time for entry is defined by the Act as between 8:00 am and 6:00 pm on a weekday, or between 9:00 am and 5:00 pm on a Saturday. Entry at any other time requires the tenant’s agreement.

The obligation: You must respect the tenant’s right to quiet enjoyment (Section 44). An inspection is not an opportunity to collect rent — the Act explicitly separates these purposes. If the proposed date would unduly inconvenience the tenant, you must make a reasonable attempt to negotiate an alternative time (Section 46(4)). You must conduct the entry in a reasonable manner and must not stay longer than necessary (Section 46(7)).

If you or anyone accompanying you causes damage to the tenant’s goods during an inspection, you must compensate the tenant (Section 46(8)).

Right to Enter for Repairs, Showings, and Valuations

Beyond routine inspections, Section 46 permits entry in several other circumstances, each with its own notice requirements.

Repairs and maintenance: You may enter at any reasonable time to carry out or inspect necessary repairs, after giving the tenant at least 72 hours’ written notice (Section 46(2)(e)).

Showing to prospective tenants: During the final 21 days before the tenancy ends, you may show the property to prospective tenants at a reasonable time and on a reasonable number of occasions, after giving reasonable written notice (Section 46(2)(f)). The tenant is entitled to be present during these showings (Section 46(6)).

Showing to prospective purchasers: You may show the property to prospective buyers at a reasonable time and on a reasonable number of occasions, after giving reasonable written notice (Section 46(2)(g)). Again, the tenant has the right to be present.

Emergencies: In any case of emergency, you may enter without notice (Section 46(2)(a)).

Tenant consent: You may enter with the tenant’s consent given at, or immediately before, the time of entry (Section 46(2)(h)).

The obligation: Each type of entry has its own notice requirement, and using the wrong one — or no notice at all — breaches the tenant’s right to quiet enjoyment. Entry outside the permitted hours without the tenant’s agreement is a breach of the Act. You cannot combine purposes (for example, conducting a routine inspection under the guise of a repair visit) to circumvent the four-inspection limit.

Right to Receive the Property Back in Reasonable Condition

At the end of the tenancy, you are entitled to have the property returned in a reasonable state of cleanliness and repair. Section 38 places a clear obligation on the tenant to keep the premises clean, notify you of any damage as soon as practicable, and not intentionally or negligently cause or permit damage.

The property condition report (Form 1) is your primary tool for enforcing this right. Section 27C requires you to prepare an ingoing condition report within 7 days of the tenant entering into occupation and provide two copies to the tenant. At the end of the tenancy, you must conduct a final inspection within 14 days and prepare a final condition report. The tenant must be given a reasonable opportunity to be present at the final inspection.

By comparing the ingoing and outgoing reports, you can identify damage that occurred during the tenancy and claim the cost from the security bond.

The obligation: You must distinguish between damage and fair wear and tear. Gradual deterioration from normal use — carpet wear in high-traffic areas, faded curtains from sunlight, scuff marks on walls — is not the tenant’s responsibility. Only wilful or negligent damage can be claimed. And you cannot claim “new for old” — you must account for depreciation when calculating the cost of any replacement.

You also bear a reciprocal obligation under Section 42: you must deliver the property in a reasonable state of cleanliness and repair at the start of the tenancy (having regard to its age and character), and maintain it in that state throughout. A landlord who fails to maintain the property cannot credibly claim the tenant damaged it.

Read our full guide: Property Condition Report WA — How to Complete Form 1

Right to Issue Breach Notices and Terminate for Cause

When a tenant breaches the tenancy agreement, the Act gives you the right to issue a breach notice and, if the breach is not remedied, terminate the tenancy.

Non-payment of rent (Section 62(4)): You must first serve a breach notice (Form 21) requiring the tenant to pay the outstanding rent within 14 days. If the rent remains unpaid after the 14-day period has fully expired, you may then serve a termination notice (Form 1A) giving the tenant 7 days to vacate. This is a prescribed two-step process — skipping steps or serving notices too early makes them invalid.

Other breaches (Section 62(3)): For breaches other than non-payment (for example, unauthorised occupants, property damage, or nuisance), you must serve a breach notice requiring the tenant to remedy the breach within 14 days. If the breach is not remedied, you may then serve a termination notice with at least 7 days’ notice.

Serious damage or injury (Section 73): Where a tenant has intentionally or recklessly caused or permitted serious damage to the property, or injury to the landlord, property manager, or occupant of adjacent premises, you can apply directly to the Magistrates Court for termination without first serving a notice. The court may terminate the agreement with immediate effect.

The obligation: You must follow the prescribed process exactly. A notice served on the wrong form, with the wrong notice period, or before the required waiting period has expired is ineffective and you will need to start again. Section 61 requires all termination notices to be in writing, in the prescribed form, signed by you or your property manager, and to specify the ground and particulars.

You cannot force a tenant out without a court order. Section 80 makes it an offence to enter premises for the purpose of recovering possession without a court order, whether peaceably or otherwise. Separately, changing locks without the tenant’s consent is an offence under Section 59F (read with Section 45), and interfering with utilities to pressure a tenant into leaving is an offence under Section 59E.

Read our detailed guides: WA Eviction Notice for Non-Payment of Rent (Form 21 + Form 1A) and WA Eviction Guide for Landlords

Right to Terminate a Periodic Tenancy Without Grounds

Section 64 allows you to end a periodic tenancy without giving any reason, provided you give at least 60 days’ written notice.

This right does not apply during a fixed-term agreement. It only applies once the tenancy has either started as a periodic tenancy or rolled over to one after the fixed term expired.

The obligation: Even though you do not need to state a reason, the tenant has protections. The tenant may, within 7 days of receiving the notice, apply to the Magistrates Court for an order extending the notice period by up to 60 additional days. The court may also make an order that the agreement is not terminated if it considers this appropriate.

Additionally, Sections 26A and 26B protect tenants from retaliatory termination. If the tenant believes your notice was issued in retaliation for exercising their rights — for example, making a complaint about repairs or contacting Consumer Protection — they can challenge this in court. Under Section 71(4), if the tenant made a complaint to a public authority within the previous 6 months, the burden shifts to you to demonstrate the notice was not retaliatory.

What happens when a fixed-term agreement expires

If neither you nor the tenant gives notice to end a fixed-term agreement before it expires, the tenancy does not simply end. Under Section 76C, the agreement automatically continues as a periodic tenancy on the same terms that applied immediately before the expiry day. This means the tenant can stay, the same rent applies, and all existing obligations continue — but you now have the right to give 60 days’ no-grounds notice under Section 64, and the tenant can give 21 days’ notice under Section 68. Either party can apply to the Magistrates Court to modify the terms of the continuing agreement if necessary.

Right to Increase Rent

Section 30 gives you the right to increase the rent on a tenancy, subject to specific restrictions.

You must give at least 60 days’ written notice using the approved form (Form 10). The notice must specify the amount of the increased rent and the day it takes effect.

Rent may only be increased once every 12 months — calculated from the date the tenancy commenced or the date rent was last increased, whichever is later. Importantly, if a fixed-term agreement expires and is renewed with the same tenant, this does not reset the 12-month clock.

The obligation: During a fixed-term agreement, rent can only be increased if the agreement includes a provision allowing for it, and even then, the amount or method of calculation must be specified in the agreement (Section 30(2)). The Landlord’s Guide published by Consumer Protection WA advises that the method cannot be listed as “market rent,” as this does not give a clear indication of what the increase will be.

You cannot propose excessive rent increases as a way of forcing a tenant out. If the tenant believes the increase is excessive, they may apply to the Magistrates Court under Section 32 to have the rent fixed at a lower amount.

Read our full guide: Rent Increase Notice WA: Complete Guide for Landlords

Right to Claim Compensation for Damage

Where a tenant causes damage to your property beyond fair wear and tear, you have the right to claim compensation. This can be pursued through the security bond, through a decision of the Commissioner for Consumer Protection, or through the Magistrates Court.

Under Section 15(2)(c), the court may order the payment of compensation for loss or injury (other than personal injury) caused by any breach of the tenancy agreement. This covers damage to the property, unpaid rent, unpaid water charges, and cleaning costs.

Section 76 provides a specific right to compensation where a tenant fails to comply with a court order for possession — that is, where the court has ordered the tenant to leave but they refuse to go. In that situation, you are entitled to compensation for any loss caused by the tenant’s failure to comply with the court order.

The obligation: You must be able to prove your loss. The property condition report is your primary evidence — without a properly completed ingoing report, you will struggle to demonstrate that damage occurred during the tenancy. You must also account for fair wear and tear and depreciation. Claiming the full replacement cost of a 10-year-old carpet that the tenant stained is not reasonable — you must deduct for the age and expected lifespan of the item.

Section 57 prohibits any clause in the tenancy agreement that imposes accelerated rent, increased rent, a penalty, or liquidated damages upon breach. Any such clause is void. You can only recover your actual, provable loss, subject to your duty to mitigate under Section 58.

Right to Apply to the Magistrates Court

When you cannot resolve a dispute with your tenant directly, Section 15 gives you the right to apply to the Magistrates Court for relief.

The court’s powers are broad. Under Section 15(2), the court may restrain any action in breach of the agreement, require performance of the agreement, order the payment of any amount payable under the agreement, order compensation for loss caused by a breach, and make any ancillary or incidental order it considers appropriate.

Applications are lodged through the eCourts Portal at the Magistrates Court nearest to the rental property (Section 13A(3)). The Act requires proceedings to be heard and determined within 14 days where practicable (Section 14), though in practice this timeframe is rarely met — 4 to 8 weeks from application to hearing is more typical.

Certain disputes can also be referred to the Commissioner for Consumer Protection for determination under Part III Division 1 of the Act. Either party can appeal a Commissioner’s decision to the Magistrates Court within 7 days.

The obligation: Going to court requires evidence and preparation. You will need the tenancy agreement, property condition reports, rent records, copies of any notices served, photographs, and receipts for any costs you are claiming. If the matter involves a notice that was served incorrectly, the court may reject your claim and you may need to start the process again.

The court will also consider any previous breaches by either party when making its decision (Section 15(4)). A landlord with a history of failing to maintain the property or respond to repair requests may find the court less sympathetic to their claims.

Right to Challenge Unreasonable Tenant Repair Claims

Under Section 43, if you fail to arrange urgent repairs within the prescribed timeframe (24 hours for essential services, 48 hours for other urgent repairs), the tenant may arrange repairs themselves and you must reimburse them for reasonable costs.

However, your obligation is limited to reasonable costs. If a tenant arranges repairs that are excessive, unnecessary, or carried out by an unqualified person, you can dispute the claim. The tenant is only entitled to have repairs carried out “to the minimum extent necessary” by a “suitable repairer” — someone suitably qualified, trained, or licensed for the work.

The obligation: This right only arises if the repairs were genuinely unreasonable. If the tenant could not contact you and arranged a licensed plumber to fix a burst pipe at standard rates, that is a reasonable expense you must reimburse. The threshold for challenging a claim is whether the cost was disproportionate to what the situation required.

If a court finds that you repeatedly fail to reimburse tenants for legitimate urgent repair costs, it may order you to pay a tenant compensation bond (Section 59D) to cover future claims.

Right to Recover Water Consumption Costs

Section 49A gives you the right to require the tenant to pay for water consumption at the property, provided the tenancy agreement specifies the proportion of water usage costs the tenant must pay. The Form 1AA includes a specific field for this — you must fill it in at the start of the tenancy.

You can only charge the tenant for water usage (consumption costs), not for the fixed service charge or supply fees. The tenant’s liability is limited to the proportion specified in the agreement, and you must provide the tenant with a copy of the water bill or sufficient information to verify the amount claimed.

The obligation: You can only pass on water consumption costs if the tenancy agreement states the tenant’s share or calculation method and you give the tenant written notice of the charge within 30 days of receiving the utility bill. If the premises are not separately metered, the agreement needs a clear method for calculating the tenant’s consumption share. You cannot pass on fixed supply, service, account, or common-area charges.

Obligations When a Tenant Terminates for Family Violence

The 2024 amendments and the earlier 2019 reforms give tenants the right to terminate their interest in a tenancy agreement on the ground of family violence (Section 71AB). This is not a right you can prevent or challenge on the merits — the Act explicitly prevents the court from examining whether the tenant has actually experienced family violence (Section 71AC(3)(b)). The court can only check whether the tenant complied with the formal requirements for giving notice.

The tenant must give at least 7 days’ notice and provide supporting documentation — a DVO, Family Court injunction, prosecution notice, or a report from a prescribed professional (Section 71AB(2)).

Your obligations are strict:

You must not disclose any information contained in the supporting documentation to any other person, except as permitted by the Act (Section 71AB(3)). You must keep the information secure (Section 71AB(4)). If there are co-tenants, you must provide a copy of the termination notice (but not the supporting documentation) to each co-tenant within 7 days (Section 71AD(2)). A co-tenant who receives this notice may then terminate their own interest with 21 days’ notice (Section 71AD(4)(5)).

The rights and liabilities of the parties after termination — including how the bond is apportioned — can be determined by the Magistrates Court under Section 17B.

Right to Respond to Modification Requests

The 2024 amendments introduced a framework governing tenant modifications to the property (Sections 50J–50ZE).

Furniture safety modifications and minor modifications (such as installing picture hooks, window coverings, child safety devices, or a lock on a bedroom door) do not require your consent. The tenant must carry out the work to a reasonable standard and restore the premises at the end of the tenancy unless you agree otherwise (Sections 50J–50V).

Major modifications require your written consent. The tenant must submit a request in the approved form, and you must respond within 28 days (Section 50Y(4)). If you do not respond within 28 days, you are deemed to have approved the request (Section 50Y(6)). You may refuse a major modification, but only on reasonable grounds — and you must state the grounds and reasons in writing (Section 50Y(5)(c)).

You cannot refuse a modification that is reasonably required for disability access if doing so would breach the Equal Opportunity Act 1984 or the Disability Discrimination Act 1992 (Section 50Z).

The obligation: The 28-day deemed consent rule is a practical trap for self-managing landlords. If a tenant submits a modification request and you forget to respond or are away, you have consented by default. Calendar the response deadline as soon as you receive a request.

What You Cannot Do — Limits on Landlord Rights

Understanding your rights also means understanding where they end. The Act places clear limits on landlord conduct.

No self-help eviction. Section 80 makes it an offence to enter premises for the purpose of recovering possession without a court order, regardless of how much rent is owed or how badly the property has been treated. Only a court order authorises the recovery of possession. Changing locks without the tenant’s consent is a separate offence under Section 59F, and cutting off utilities or otherwise interfering with the tenant’s reasonable peace, comfort, or privacy is an offence under Section 59E.

No contracting out. Section 82 prevents you from including clauses in the tenancy agreement that override the tenant’s statutory rights. Any clause that is inconsistent with the Act, or that purports to exclude, modify, or restrict its operation, is void and of no effect. You cannot contract around the bond limits, notice periods, repair obligations, or any other protection the Act provides.

No penalties or liquidated damages. Section 57 prohibits any clause imposing a penalty or liquidated damages on the tenant for breach. Fixed break lease fees, penalty rates for late rent, and similar clauses are all void. You can only recover your actual loss, proved with evidence and subject to mitigation.

No excessive rent demands. You cannot require more than two weeks’ rent in advance (Section 28), cannot demand post-dated cheques (Section 35), and cannot require any payment other than rent and bond in connection with the tenancy agreement (Section 27).

No discrimination. You cannot refuse to grant a tenancy on the ground that a child will live at the property (Section 56) or that the applicant has been subjected to family and domestic violence (Section 56A).

Parallel liability with property managers. Section 86A provides that where the Act imposes an obligation on the landlord and a property manager is acting on the landlord’s behalf, both the landlord and the property manager may be liable for a failure to comply. If you appoint a property manager, you do not shed your statutory obligations — you remain liable alongside the manager. Section 87A provides a limited defence where the landlord can show the offence was due to the act or default of the property manager and the landlord took all reasonable precautions and exercised due diligence.

For the day-to-day workflow behind this overview, our WA property condition report guide, WA rent increase guide, and WA eviction notice guide guides are the next pages most landlords reach for. If a tenancy ends early, our WA break lease guide guide covers that side of the process as well.

Common Mistakes

Serving notices on the wrong form or too early. The most common reason eviction notices fail at court is procedural error. Using the wrong form, giving the wrong notice period, or serving Form 1A before the full 14-day breach period on Form 21 has expired will invalidate the process. You must start again from scratch.

Failing to lodge the bond within 14 days. Some self-managing landlords hold the bond in their own account, intending to lodge it later. This is a breach of the Act from day one. The bond must be lodged with the Bond Administrator within 14 days of receipt — there is no grace period.

No ingoing property condition report. If you do not prepare and deliver a condition report (Form 1) within 7 days of the tenant entering into occupation, you lose your primary evidence for bond claims at the end of the tenancy. The tenant will be taken to have received the property in whatever condition they say it was in.

Missing the 28-day modification response deadline. Under the 2024 amendments, if a tenant submits a major modification request and you do not respond in writing within 28 days, you are deemed to have approved it. This catches landlords who are overseas, busy, or simply unaware of the requirement.

Missing the 14-day pet response deadline. The same deemed-consent rule applies to pet requests under Section 50B. If you do not respond to a tenant’s pet request within 14 days — or apply to the Commissioner within that period — you are taken to have approved the pet.

Claiming “new for old” on bond deductions. You cannot claim the full replacement cost of a damaged item without accounting for its age and expected lifespan. A stained 8-year-old carpet with a 10-year lifespan has only 20% of its value remaining — that is your maximum claim, not the cost of new carpet.

How Landlord Wise Helps You Exercise Your Rights

Landlord Wise is built specifically for self-managing landlords in Western Australia. Every feature is designed around the Residential Tenancies Act 1987 and the way WA tenancy law actually works.

The platform generates Form 1AA tenancy agreements with automatic bond calculations and plain-English review of every clause. It produces Form 1 property condition reports with AI-powered photo analysis that documents property condition room by room — giving you the evidence base you need to enforce your right to have the property returned in reasonable condition. It handles the Form 21 and Form 1A eviction notice process with automatic date calculations that prevent the timing errors that invalidate notices.

And when you need to understand your rights at 11 pm on a Sunday — whether you can enter the property, how much notice you need to give, or what your options are when rent falls behind — Wise AI can give you an immediate answer based on the Act and your specific property and tenancy details.

Self-managing saves WA landlords between $1,800 and $4,700 per year in property management fees. Landlord Wise gives you the tools and legal knowledge to do it correctly.

Related guides for WA landlords

If you are building out the full landlord workflow for this state, these guides connect this page to the rest of the tenancy process.

Same-state guides

• WA lease agreement guide
• WA rental bond guide
• WA property condition report guide
• WA eviction notice guide
• WA rent increase guide

Compare landlord rights guides in other states

• NSW landlord rights guide
• QLD landlord rights guide
• VIC landlord rights guide
• SA landlord rights guide

Frequently Asked Questions

What are my basic rights as a landlord in WA?

Under the Residential Tenancies Act 1987, your core rights include: receiving rent on time, holding a security bond of up to four weeks’ rent, inspecting the property up to four times per year with proper notice, entering for repairs and showings with appropriate notice, receiving the property back in reasonable condition (fair wear and tear excluded), issuing breach notices and terminating for cause, ending periodic tenancies with 60 days’ notice, increasing rent once per 12 months with 60 days’ notice, claiming compensation for damage through the bond or court, and applying to the Magistrates Court to resolve disputes.

Can I enter my rental property whenever I want?

No. The Act defines specific circumstances under which you may enter and the notice required for each. Routine inspections require 7–14 days’ written notice (Form 19) and are limited to four per 12-month period. Repairs require 72 hours’ notice. Showings to prospective tenants are only permitted in the final 21 days of the tenancy. Entry outside these circumstances — or without proper notice — breaches the tenant’s right to quiet enjoyment under Section 44.

Can I evict a tenant who is not paying rent?

Yes, but you must follow the prescribed two-step process. First, serve a breach notice (Form 21) giving the tenant 14 days to pay. If the rent remains unpaid after the full 14 days, serve a termination notice (Form 1A) giving 7 days to vacate. If the tenant still does not leave, you must apply to the Magistrates Court for an order for possession. You cannot force the tenant out without a court order.

Can I increase the rent during a fixed-term lease?

Only if the tenancy agreement includes a provision allowing for a rent increase, and even then, no more than once every 12 months with at least 60 days’ written notice. The agreement must specify the amount of the increase or the method of calculating it. If the agreement does not include a rent increase clause, the rent stays fixed for the duration of the term.

What is the maximum bond I can charge?

For most properties, the maximum bond is four weeks’ rent, calculated on the weekly rate. If the tenant is permitted to keep a pet capable of carrying parasites, you may charge an additional pet bond of up to $350. If the weekly rent is over the current high-rent threshold described in Consumer Protection’s rental bond guidance ($1,200 per week), the four-week cap does not apply. The bond must be lodged with the Bond Administrator within 14 days of receipt — you cannot hold it yourself.

What can I claim from the bond at the end of a tenancy?

You may claim for unpaid rent, outstanding water charges, damage to the property or chattels beyond fair wear and tear, and cleaning costs if the property was not returned in a reasonable state of cleanliness. You must provide evidence to support your claim. If the tenant disputes your claim, the matter can be referred to the Commissioner for Consumer Protection for a decision, or either party can apply to the Magistrates Court.

Can I charge a break lease fee?

No. Section 57 of the Act prohibits any clause imposing a penalty or liquidated damages on the tenant for breach of the agreement. A fixed break lease fee is void. You can only recover your actual, provable loss — such as advertising costs, re-letting costs, and lost rent until a new tenant is found — subject to your duty to mitigate loss under Section 58.

What happens if the tenant damages the property?

You have the right to claim compensation for damage beyond fair wear and tear. The property condition report (Form 1) is your primary evidence. You can claim through the security bond, seek a decision from the Commissioner for Consumer Protection, or apply to the Magistrates Court under Section 15(2)(c) for an order for compensation. You must account for depreciation — you cannot claim “new for old.”

Can I refuse a tenant’s pet request?

Only on limited grounds under the 2024 amendments: the pet would contravene a law or bylaw, with Commissioner approval (on specific grounds including the premises being unsuitable, risk of damage exceeding the bond, health and safety risk, or undue hardship to the landlord), or on a prescribed ground. If you do not respond to a pet request within 14 days, you are deemed to have approved it. You cannot refuse an assistance animal under any circumstances.

What can I do if a tenant refuses to leave after I serve a valid termination notice?

You must apply to the Magistrates Court for an order for possession. Applications are lodged through the eCourts Portal. If the court grants the order and the tenant still does not leave, you can apply for a Property Seizure and Delivery Order, which authorises a bailiff to physically recover possession. At no point can you take matters into your own hands — self-help eviction is an offence under Section 80.

Does accepting rent after serving a termination notice cancel the notice?

No. Section 66 explicitly states that demanding, pursuing, or accepting rent after giving notice of termination does not operate as a waiver of the breach or the notice. You can continue to accept rent payments while the notice period runs and still apply to the Magistrates Court for an order for possession.

What happens when a fixed-term lease expires and the tenant stays?

Under Section 76C, the agreement automatically continues as a periodic tenancy on the same terms. The tenant does not need to sign a new agreement — the existing terms carry over. You then have the right to give 60 days’ no-grounds notice (Section 64) or negotiate a new fixed-term agreement. If neither party gives notice before expiry, the tenancy simply rolls over.

What happens if a tenant terminates for family violence?

The tenant can end their interest in the tenancy with 7 days’ notice under Section 71AB, supported by a DVO, Family Court injunction, or professional report. You cannot challenge whether the family violence occurred — the court can only check that the formal requirements were met (Section 71AC(3)(b)). You must keep the supporting documents confidential and provide a copy of the termination notice (not the supporting documents) to any co-tenants within 7 days.

Can a tenant modify the property without my permission?

For furniture safety modifications and minor modifications (picture hooks, window coverings, child safety devices, bedroom locks), the tenant does not need your consent. For major modifications, the tenant must request your consent in writing and you must respond within 28 days — if you do not respond, you are deemed to have approved the request (Section 50Y(6)).

Where can I get help understanding my rights as a WA landlord?

Consumer Protection WA (1300 30 40 54) is the official source of guidance on the Residential Tenancies Act 1987. They can advise on your rights and obligations, help with complaints, and guide you through the dispute resolution process. The full text of the Act is available on the WA Legislation website. For a plain-English overview, see the Landlord’s Guide published by Consumer Protection WA at consumerprotection.wa.gov.au.