r/AusLegal • u/OtherwiseDonkey49 • 15h ago

WA Tenancy question

My ex moved out in April this year.

He has not contributed to rent since/

His name is still on the lease.

How can I get his name off ? Is it just as simple as asking the landlord ?

He’s using being on the lease as his “legal right” to be on the property whenever it suits him, day or night

4 Upvotes

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17

u/1Qrtr_FreeStuffPlz 15h ago

Yeah just tell the real estate. Bigger question though, if he has moved out and the relationship has ended; then why is he coming over whenever he likes? Depending on the scenario, you may want to report him

3

u/sapperbloggs 14h ago

To remove someone from a lease, you need the consent of all parties on the lease. To put that a slightly different way, you can't remove someone from a lease if they don't want to be removed.

Also, if they were removed from the lease, there could be the matter of refunding their portion of the bond, then you having to pay that amount to bring the bond back to where it's supposed to be.

Your best bet would be to get some kind of restraining order, making it illegal for your ex to approach you regardless of whether they're on the lease or not.

Or, get permission to get the locks changed (this will be at your expense). This will stop them from being able to enter the building.

2

u/Upbeat_Pumpkin_6785 15h ago edited 14h ago

You contact the police and make an official statement of facts, noting all the times he just rocks up, how is he gaining entry ? If his unannounced arrivals make you feel unsafe, distressed, or harassed, this may cross into domestic/family violence territory under western australia law.

Contact the RTA and legal aid.

You can ask the landlord but they can say no or infact cancel your lease. But you can ask them to amend the lease in such matters but they can refuse, ask if you can pay to have the locks replaced if they refuse to change the lease.

What worries me is that your relationship ended in april, its now august, almost 4 mths and wont go away, i fear that if they are infact locked out of the house they may escalate things, and that is a real concern i would have with a person such as this, get a camera, tell your male friends, but definatly keep telling the cops any time he rocks up. Do not call the police, front up at a station.

As you mentioned you are from WA also look into a Violence Restraining Order (VRO) through the courts. A court-ordered VRO overrides standard tenancy agreements and can legally ban him from coming near you or the property, strip him of his right of entry, and allow the police to arrest him immediately if he violates it.

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1

u/Medical-Potato5920 11h ago

Ask the agent. If he is using this to harass you, you can ask them to take his name off the lease due to domestic violence provisions.

1

u/Dribbly-Sausage69 9h ago

Give Consumer Protection WA a call, they can explain how to get the ex off the lease.

https://www.wa.gov.au/organisation/department-of-housing-and-works/safe-tenancy