Hi there. A lease is a legal agreement between a landlord and tenant for a fixed period of time. Ending the lease early can only be done in a limited number of situations. The simplest way to end the lease early is by mutual agreement. This would require both parties to sign a written agreement that clearly states that the lease will end on a date before the end of the 12 month term.

If mutual agreement is not possible, you can notify the landlord in writing that you intend to break the lease early. You may be liable to pay rent and maintenance expenses on the property until the landlord finds a new tenant or until the original 12 month term ends. You may also be required to pay other reasonable costs incurred by the landlord as a result of you breaking the lease early (e.g. advertising costs). You should check the original lease document that you signed as it may specify these additional costs. You should give the landlord as much notice as possible of your intention to break the lease, so that they can find a replacement tenant as soon as possible.

Repairs of the property are the landlord’s responsibility, unless the tenant caused the damage. Your landlord’s exact responsibilities will depend on whether the repairs are classified as urgent or non-urgent. For urgent repairs (e.g. burst water service, gas leaks, dangerous electrical faults), the landlord must take action within 24 to 48 hours to contact a suitable repair service and arrange for the problem to be fixed. If they do not do this, you can organise the repairs yourself and be reimbursed by the landlord for the cost of the repairs. For non-urgent repairs, you first need to notify the landlord in writing, explaining what needs to be fixed. If the landlord does not carry out the repairs within a reasonable time, you should contact Consumer Protection (www.commerce.wa.gov.au/consumer-protection). The landlord does not have to fix items if they were disclosed as not working before the lease began.

If the landlord’s failure to repair the property is serious enough, you have the option of applying to the Magistrates Court of Western Australia to seek an order terminating the lease. You must prove that the landlord has breached the lease, and the breach, in the circumstances, justifies ending the lease.

Suggested way forward

If you are unable to negotiate with the landlord about ending the lease early, you should review the original terms of the lease to see what consequences you will face for ending the lease before the end of the 12 month term. Alternatively, you could speak to a lawyer who can help you make an application to the Magistrates Court seeking an order for the termination of the lease. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.