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A residential tenancy will end when a tenant vacates the premises under a notice of termination lawfully issued by the landlord or when a court orders a termination.

A tenant has the following options to try to stop a termination and eviction action:

  • Try to reach a written agreement with the landlord through real estate agent, perhaps extending the notice period.
  • Within seven days of receiving a 60-day periodic tenancy termination notice, the tenant can apply to the Magistrates Court for an order to extend the period of notice for another 60 days. The Magistrate may extend the notice period, however, they may also order compensation to the landlord as a result of the extension. The Magistrate can decide the agreement is not terminated.
  • Pay the full amount of the rent before the vacate date
  • The day before the court date, pay the full amount of the rent and reimburse the landlord for the court application fee

If an application is made to the court for termination of a tenancy, both sides will have the option of stating their case. The Magistrate may declare the tenancy is terminated, is not terminated, or that any order is suspended for a specified period of time.


Commercial rent relief and dispute claims to be extended 60 days after the emergency period

 The DMIRS  intend to amend the Commercial Tenancies (COVID-19 Response) Act 2020 (WA) to allow the following: 

 An eligible tenant can make a request for rent relief up to 60 days after the end of the emergency period in relation to loss of turnover experienced during the emergency period.

Parties to a small commercial lease can commence action up to 60 days after the end of the emergency period to resolve a dispute relating to a matter that arose during the emergency period.