Dealing with a tenant who refuses to vacate a property after receiving an eviction notice can be stressful and legally complex for landlords. In Western Australia, eviction laws are strict, and any misstep can delay the process or expose landlords to legal risk. Understanding your rights, obligations, and the correct legal process is essential to resolve the situation efficiently.
This article explains what happens when a tenant ignores a rental property eviction notice, what steps landlords should take next, and when seeking eviction legal advice in Perth becomes critical.
Understanding a Tenant Eviction Notice in WA
A tenant eviction notice is a formal legal document that informs a tenant they must vacate the property within a specified time. In Western Australia, eviction notices must comply with the Residential Tenancies Act 1987 (WA) and vary depending on the reason for eviction—such as rent arrears, breach of agreement, or end of a fixed-term lease.
An eviction notice WA must:
- Be issued in the correct legal format
- Provide the minimum notice period
- Clearly state the reason for eviction
If the notice is invalid or incorrectly served, a tenant may legally refuse to leave.
What If the Tenant Refuses to Leave After the Eviction Notice?
If a tenant does not vacate after the notice period expires, landlords cannot forcibly remove them. Changing locks, removing belongings, or shutting off utilities is illegal and may result in penalties.
Instead, landlords must follow these legal steps:
1. Apply to the Magistrates Court
When a tenant refuses to leave, the landlord must apply to the Magistrates Court for a termination order and possession order. The court will review whether the eviction notice was valid and whether the legal process was followed correctly.
2. Court Hearing and Orders
If the court is satisfied, it may issue an order requiring the tenant to vacate by a specific date. If the tenant still refuses, the court can authorise a bailiff to carry out the eviction.
3. Bailiff-Enforced Eviction
Only a court-appointed bailiff has the authority to physically remove a tenant from the property. This ensures the eviction process remains lawful and protects landlords from liability.
Common Reasons Tenants Refuse to Vacate
Tenants may refuse to leave due to:
- Claiming the eviction notice is invalid
- Financial hardship or inability to secure alternative housing
- Disputes over unpaid rent or bond
- Lack of understanding of eviction laws
In such cases, consulting an eviction lawyer Perth WA can help landlords address disputes quickly and avoid unnecessary delays.
Why Legal Advice Is Critical for Landlords
Eviction laws in WA are tenant-protective, and even small procedural errors can restart the process. Seeking eviction legal advice Perth ensures:
- Eviction notices are legally valid
- Court applications are correctly prepared
- Landlord rights are protected
- Faster resolution of tenancy disputes
Experienced property lawyers in Perth also assist with recovering unpaid rent, handling tenant damage claims, and representing landlords in court.
How Property Lawyers Can Help
Reputable WA property lawyers provide end-to-end eviction support, including:
- Drafting and serving compliant eviction notices
- Representing landlords at court hearings
- Advising on tenant disputes and negotiations
- Enforcing possession orders
Working with top property lawyers in Perth reduces legal risk and helps landlords regain control of their rental property efficiently.
FAQs – Tenant Refusing to Leave After Eviction Notice
1. Can I evict a tenant myself if they refuse to leave?
No. Self-eviction actions such as changing locks or removing belongings are illegal in WA. Only a court-approved bailiff can remove a tenant.
2. How long does eviction take after a tenant eviction notice in WA?
If the tenant refuses to leave, the court process can take several weeks, depending on hearing availability and tenant response.
3. What if the eviction notice was issued incorrectly?
An invalid notice can delay eviction. This is why consulting property dispute lawyers in Perth is strongly recommended before taking further action.
4. Can I recover unpaid rent during eviction?
Yes. Landlords can apply for compensation orders through the court for unpaid rent and property damage.
5. Do I need a lawyer for tenant eviction in Perth?
While not mandatory, hiring an eviction lawyer Perth WA significantly improves your chances of a smooth and legally compliant eviction process.
Final Thoughts
When a tenant refuses to leave after an eviction notice, patience and legal compliance are essential. Attempting shortcuts can result in fines, delays, or legal action against the landlord. By following the correct court process and seeking guidance from the best property lawyers in Perth, landlords can protect their investment and resolve disputes effectively.
If you’re facing an eviction dispute in Perth, obtaining professional legal advice early can save time, money, and unnecessary stress.
