Contractual terms can only be changed with the written agreement of the landlord and tenant. In Western Australia, a rental agreement can be written in writing or orally. Whether the agreement is written or oral, the standard conditions established by the Western Australian government apply. If you sign a rental agreement, you contractually agree to pay the rent to the landlord. This is a legal obligation that the courts take seriously. You may be liable to the landlord for the landlord not paying the rent, even if you have a good reason for not being able to take possession. In some situations, it may be cheaper for you to simply take possession and immediately notice that you will evacuate as soon as the notice expires – it may sometimes be better to pay one or two months` rent than to go to court and be forced to pay more. Before the lease expires, you do not have to respect the owner`s intention to renew the lease. The termination must take place some time before the expiry of the tenancy agreement, as required by law in your jurisdiction. This period is called “notice.” As a general rule, the termination period is one month for leases of one month or less and two or three months for leases longer than one month, but this varies by jurisdiction. You should consult the statutes of jurisdiction in which the property is located in order to know the necessary notice period for your lease. In Western Australia, this standard residential rental form should be used for agreements between: However, if you are renting land for a vacation, you should not use a rental contract.
Before the contract is concluded, the landlord must provide the tenant with a rental information sheet. These are Forms 1AC for written agreements or 1AD for oral agreements There is no minimum or maximum duration of the agreement under the Western Australia Act. In addition, some leases may include punitive clauses under which the tenant must pay “rental fees” to cover part of the landlord`s cost of re-renting the premises.