The process to end a tenancy depends on whether it’s a fixed-term or periodic tenancy and the reason for ending it.
Counting days page includes notice periods and helpful flow charts showing how to give notices. A tenant should give the landlord as much notice as possible to allow time to find a new tenant.
The agreement ends when the tenant has:
- removed all their belongings
- returned the keys or security devices to the landlord.
On this page:
- Ending a periodic agreement (no fixed end date)
- Ending a fixed-term agreement (fixed end date)
- Ending an agreement early (break-lease)
- Landlord and tenant agree to end the tenancy
- Family violence
- Home is damaged or unsafe
- Help for tenants
Ending a periodic agreement (no fixed end date)
If there is no set end date on the rental agreement it is a periodic agreement. Many fixed-term agreements become periodic when the end date has passed.
If a tenant wants to move out, they must let the landlord know:
- in writing by:
- email or letter or
- use the Notice of termination (Tenant to Lessor Form 22) form, and
- at least 21 days before the agreement’s end date.
Ending a fixed-term agreement (fixed end date)
Fixed-term agreements do not stop at the fixed end date. A fixed-term agreement automatically changes to a periodic rental agreement when:
- the end date passes and
- the tenant hasn’t signed a new fixed term agreement and
- then landlord hasn’t given a notice to move out.
If a tenant wants to move out on the agreement end date, they must let the landlord know:
- in writing by:
- email or letter or
- use the Notice of termination (Tenant to Lessor Form 22) form, and
- at least 30 days before the agreement’s end date.
Ending an agreement early
- Fixed-term agreements can only be ended early by:
- mutual written agreement by all tenants and landlords
- family and domestic violence
- the home is unsafe or uninhabitable
- breaches of the agreement including not giving the tenant privacy
Landlord and tenant agree to end the tenancy
The easiest way to end the tenancy is by mutual agreement. This is when the landlord and tenant agree to end the tenancy.
This should be:
- in writing
- include the address of the rented property
- state the end date of the tenancy (the date the tenant will need to move out)
- include the reasons for ending the tenancy
Ending an agreement this way means there is no need to follow formal procedures, such as issuing notices.
Break lease
Breaking a rental agreement (breaking a lease) happens when a tenant leaves the property:
- without giving notice
- before the end of the rental agreement.
The tenant may have to cover some of the costs of ending the agreement early in a break lease situation. This may include paying for advertising and rent until a new tenant has moved in or the agreement end date.
A tenant does not have to pay for anything they are not responsible for, such as when the landlord:
- took a long time to advertise for a new tenant or
- decides to renovate.
Family violence
Tenants affected by family violence can end the tenancy with at least 7 days' notice and move out immediately.
They must give the landlord a Notice of Termination form (Form 2) and provide evidence, such as:
- a Family Violence Restraining Order
- or an official report from Consumer Protection.
See Safe tenancy page for more information.
A copy of the notice of termination will be given to any co-tenants and they will be given 7 days to decide if they want to stay or leave. If they decide to leave, they must give the landlord 21 days’ notice.
Home is damaged or unsafe
Contact the landlord as soon as possible if the home is damaged because of:
- bush fire, storm, flood or other natural disaster
- traffic accident
- break-in
If the tenant can safely stay at the home, they will have to give the landlord proper notice according to their agreement.
To ask for repairs, see rental home repairs page.
If the house has been destroyed or declared unfit to live in by the local authorities, the tenant can end the tenancy:
- immediately with written agreement from the landlord or
- with 2 days’ notice.
The landlord does not have to help you find somewhere else to live if you can’t stay in your home.
Help for tenants
Tenants can get advice from Circle Green Community Legal (formerly Tenancy WA) for a fee, which may be waived for those on a low income or facing hardship.
Complete their online assistance form or call (08) 6148 3636, or for country callers, 1800 621 888.