About Evictions
Learn more about evictions in WA.
When you're ready make a quick enquiry.
- Our Process
- Helpful Information
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss the alleged common assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Appointment with our realestate lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Solicitors with tenancy agreement experience.
Meet with lawyers who understand the laws and legislation for lease agreements.
- Past Cases
- Good Results
- Happy Clients
Your lawyer can...
- Provide you with sound advice
- Communicate with the other party on your behalf in attempt to avoid legal action.
- Advise you in relation to court processes and your application.
- Help you through the court process.
What is an eviction?
If you have been forcibly removed from a rental place by your landlord, and your landlord has the legal right to repossess that place, you have been evicted.
What are my rights in an eviction?
Eviction comes with special rules and procedures that balance your right as a tenant to quiet and continued enjoyment of the premises and your landlord’s right to ensure your obligations under the lease contract are complied with.
Your landlord can only evict you if a court has allowed them to do so. If they did not get a court order but force you to leave the premises, they have broken the law and are liable to a fine of up to $20,000.
Procedure for eviction
These are the procedures for eviction that landlords must comply with:
- Issue a Notice of Termination. This indicates the landlord’s desire to end the lease. It could be because of a breach of the terms under the lease contract, or because they want to repossess or reoccupy the property.
- If the tenant did not comply with the Notice of Termination, the landlord must then apply to the court for an eviction order. It is only with this court issued eviction notice can you be removed.
- All reasonable efforts will be made by the landlord to notify the tenant that the landlord has applied for an eviction order.
- The tenant should, although it is not mandatory to do so, attend court. It is at court that a tenant can explain their circumstances and why they wish to challenge the eviction. It is important to gain legal advice before attending court so that you put forward the best case possible.
In special circumstances, the above procedures do not have to be complied with:
If the tenant had, or was going to, seriously damage the property or cause injury to the landlord, neighbours or anyone, the court can issue an eviction order which is effective immediately.
The court may also issue an eviction order if the landlord would suffer undue hardship from the delay between the Notice of Termination and when the eviction comes into effect.
Seeking legal advice
If you are a landlord wishing to evict your tenant and recover possession of your property, consult a property lawyer today for legal advice on this area.
If you are a tenant, get sound legal advice on your situation and find out how you can challenge the eviction notice.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Solicitors with tenancy agreement experience.
Meet with lawyers who understand the laws and legislation for lease agreements.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss the alleged common assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Appointment with our realestate lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Solicitors with tenancy agreement experience.
Meet with lawyers who understand the laws and legislation for lease agreements.
- Past Cases
- Good Results
- Happy Clients
Helpful Information
Your lawyer can...
- Provide you with sound advice
- Communicate with the other party on your behalf in attempt to avoid legal action.
- Advise you in relation to court processes and your application.
- Help you through the court process.
What is an eviction?
If you have been forcibly removed from a rental place by your landlord, and your landlord has the legal right to repossess that place, you have been evicted.
What are my rights in an eviction?
Eviction comes with special rules and procedures that balance your right as a tenant to quiet and continued enjoyment of the premises and your landlord’s right to ensure your obligations under the lease contract are complied with.
Your landlord can only evict you if a court has allowed them to do so. If they did not get a court order but force you to leave the premises, they have broken the law and are liable to a fine of up to $20,000.
Procedure for eviction
These are the procedures for eviction that landlords must comply with:
- Issue a Notice of Termination. This indicates the landlord’s desire to end the lease. It could be because of a breach of the terms under the lease contract, or because they want to repossess or reoccupy the property.
- If the tenant did not comply with the Notice of Termination, the landlord must then apply to the court for an eviction order. It is only with this court issued eviction notice can you be removed.
- All reasonable efforts will be made by the landlord to notify the tenant that the landlord has applied for an eviction order.
- The tenant should, although it is not mandatory to do so, attend court. It is at court that a tenant can explain their circumstances and why they wish to challenge the eviction. It is important to gain legal advice before attending court so that you put forward the best case possible.
In special circumstances, the above procedures do not have to be complied with:
If the tenant had, or was going to, seriously damage the property or cause injury to the landlord, neighbours or anyone, the court can issue an eviction order which is effective immediately.
The court may also issue an eviction order if the landlord would suffer undue hardship from the delay between the Notice of Termination and when the eviction comes into effect.
Seeking legal advice
If you are a landlord wishing to evict your tenant and recover possession of your property, consult a property lawyer today for legal advice on this area.
If you are a tenant, get sound legal advice on your situation and find out how you can challenge the eviction notice.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Solicitors with tenancy agreement experience.
Meet with lawyers who understand the laws and legislation for lease agreements.
- Past Cases
- Good Results
- Happy Clients
