Other provisions of the act cannot be changed and may apply even if your lease contains another clause. For more information, see Residential Tenancies Act and The Tenancy Agreement. Always keep a copy of your letter so that it can be used later as evidence, if necessary. For more information, please write a letter to the owner/agent. The landlord must use Form 1C (Form 1A or Form 1B if the termination is made for default of rent) to terminate the lease for one of the following reasons: If you violate the contract, the lessor must take certain steps before he can terminate the lease. Form 1C can be given if there are other offences other than rent arrears. For example, if you have been criticized for not keeping the place clean or harassing neighbours (see Chapter 3.08 If the tenant violates the agreement). The lessor can ask the magistrate directly to terminate the contract for one of the following reasons. You must use a Form 12 to apply for a court order (or form 12 Perth for Perth residents). It is also a good practice, but it is not necessary for the landlord to notify the tenant of a 1C termination form.
The landlord/agent can immediately provide you with a Form 1B if your rent is late, without you first putting an injury notice. If you do not pay the rent or withdraw within the time frame indicated on the form, the landlord may order an undecided lawsuit to terminate the payment of the rent due and terminate your tenancy agreement. What if I have to terminate my agreement prematurely, but the owner does not agree? If the owner or agent does not accept that you can terminate your contract prematurely and withdraw anyway (see 60 (1) (f)). This is called „abandonment.” You are responsible for the costs of breaking your lease (see 78). If the tenant has applied for a court order setting the maximum rent for the premises, the landlord cannot cancel a specific reason. If a court is satisfied that the landlord is not motivated by the setting of the rent, the lessor may authorize the cancellation of a termination order. It is important that you go to court to discuss your situation when the owner makes this type of application. The Residential Tenancies Act 1987 (AV) does not contain any provision allowing the tenant to terminate the tenancy agreement in the event of difficulties.
For more information, contact Laur`s Advice Service. NOTE: This form is NOT with respect to non-payment landlords can terminate a periodic or temporary agreement, or file the case in court if: The owner/agent cannot refuse unreasonable permission to sublet you if your rental agreement has a clause that you sublet. Subletting may not be the best option. They are responsible, for example, for any costs that can be borne by the tenant (for example. B rent arrears, damage to premises, etc.).