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The Residential Tenancies Act in WA lists the sections that can be contracted out of in section 82(3). Section 82(2) says that any sections not in that list cannot be contracted out of and any attempt is void. http://www.austlii.edu.au/au/legis/wa/consol_act/rta1987207/s82.html Note it...

I suppose it can be shocking to hear me advise someone to stop paying rent, but a break lease situation is one of the few circumstances where its called for - and probably in the tenant's best interest. The advice isn't to screw the landlord, its to see if the landlord complies with their...

That's right Dazz, how dare I advise people of the law in their best interests. And as a free community service too. I should be shot.

Ignore REIWA. Not only are they not qualified to give legal advice, but they are simply the professional body that represents real estate agents and their interests. 21 days notice in your lease is an arbitrary figure, if you wanted to you could probably get away with 14. (But the more the...

There might be an argument to be made that they should be pro-rata'd as well since the owner would have had to pay them earlier than they would have as a result of an early vacate date. Depends what the actual PM agreement with the landlord is, both old and new.

Sorry I did assume you were leaving in the middle of a fixed term. If you are on a periodic lease, then you just have to give 21 days written notice of a vacate date. If it is a fixed term though, you should probably actually ignore what it says in your lease or what their "break lease"...

You should give reasonable notice (probably 2 to 3 weeks) of your intention to vacate, and then clean up etc like a normal conclusion of the lease. At that stage, you should stop paying rent and see what the owner/agent does next. If they do some reasonable advertising for a new tenant, at...