When a landlord includes a nuisance clause in a lease, they’re not just talking about loud parties or broken windows. In many places, these clauses are used to target people engaged in sex work-even if they’re not breaking any laws. The problem isn’t the law. It’s how landlords interpret vague terms like "disorderly conduct," "unlawful activity," or "disturbance to neighbors."
What’s a Nuisance Clause, Really?
A nuisance clause is a standard part of most residential leases. It says tenants can’t do things that disturb others, damage property, or break local laws. On paper, it’s fair. In practice, it’s often weaponized.
Take a single person working independently from their apartment. They might have clients come and go. They might use a separate phone line. They might keep quiet hours and pay rent on time. But if a neighbor sees someone entering the unit after dark, they might call the landlord. The landlord, fearing complaints or insurance issues, may issue a warning-or start eviction proceedings-based on suspicion alone.
There’s no law in Australia that says sex work is illegal for individuals working alone. But many leases don’t care about that. They use "nuisance" as a catch-all to remove anyone they find uncomfortable-even if that person is doing nothing illegal.
Lease Violations That Don’t Add Up
Landlords often claim sex work violates "unlawful activity" clauses. But here’s the truth: in Western Australia, where Perth is located, sex work is legal under specific conditions. Independent workers are not breaking the law. They’re not running brothels. They’re not soliciting on the street. They’re renting a room and working within their own space.
Yet, many leases still say things like:
- "Tenant shall not engage in any illegal or immoral activity on the premises."
- "No commercial activity permitted without written consent."
- "Tenant shall not cause a nuisance or disturbance to other residents."
"Immoral activity"? That’s not a legal term. It’s a moral judgment. "Commercial activity"? Renting out your home to earn income isn’t illegal unless it’s a brothel or involves multiple workers. And "nuisance"? That’s the most dangerous word of all-it’s subjective.
There’s no requirement for a landlord to prove actual harm. A single complaint from a neighbor can be enough to trigger a notice to vacate. And because sex workers are often hidden, they rarely have legal support when this happens.
How Courts Actually Handle These Cases
In 2023, a case in Perth went to the State Administrative Tribunal. A woman who worked independently from her unit was served with a termination notice after a neighbor reported "strange visitors." The landlord claimed she was running an illegal brothel. But the tribunal found:
- She had no other workers on the premises
- She paid rent on time
- She had no noise complaints
- She followed all local laws
The tribunal ruled the eviction was invalid. The landlord had no proof of illegal activity. The term "nuisance" couldn’t be used to justify removing someone for lawful, private work.
That case didn’t change the law. But it did set a local precedent: landlords can’t use vague lease terms to target people based on assumptions.
What You Can Do If You’re Being Targeted
If you’re a sex worker living in rented housing and your landlord is threatening eviction:
- Know your rights. In Western Australia, the Residential Tenancies Act 1987 protects tenants from unfair termination. Landlords must prove a breach of the lease, not just discomfort.
- Don’t sign anything under pressure. A notice to vacate isn’t an eviction. You have 14 days to respond.
- Document everything. Keep records of rent payments, communication with the landlord, and any complaints made against you.
- Contact Tenants’ WA. They offer free legal advice and can help you challenge unfair notices.
- Don’t admit to anything you didn’t do. Saying "I work from home" can be used against you if the landlord claims it’s "commercial activity." Stick to facts: "I am a tenant. I pay rent. I follow the law."
Many landlords don’t realize they’re breaking the law. They’re just scared of complaints or insurance penalties. Sometimes, a calm, written letter from a legal advisor is enough to stop the process.
Why This Happens More Than You Think
Sex workers are invisible in housing data. They don’t report harassment because they fear stigma, police involvement, or losing their home. A 2024 survey by the Australian Sex Workers Network found that 37% of independent workers in major cities had received eviction threats related to their work-even though none had broken any laws.
Landlords often rely on stereotypes: "If someone has visitors at night, they must be doing something wrong." But that logic doesn’t hold up in court. Many professionals-freelancers, shift workers, therapists, even nurses-have clients come to their homes. No one questions them.
The double standard is clear. And it’s not about safety. It’s about control.
What’s Changing
More tenants are pushing back. In Melbourne, a group of sex workers formed a housing advocacy network. They created a template letter landlords can receive that explains: "Sex work is legal. My tenancy is not a violation. Please stop making assumptions."
In Perth, a new tenant rights campaign called "Homes Not Judgments" is working with legal aid groups to train sex workers on how to respond to lease threats. They’re also pushing for model lease language that removes vague terms like "immoral activity" and replaces them with specific, enforceable rules.
Some property managers are starting to change. One agency in Fremantle now includes a clause that says: "Tenants may engage in lawful private work from their residence. No assumption of illegality will be made based on visitor patterns."
It’s small. But it’s a start.
What Landlords Should Know
Landlords aren’t the enemy here. Many just want to avoid trouble. But targeting sex workers doesn’t reduce risk-it creates it.
Evicting someone based on suspicion opens you up to discrimination claims. Under the Equal Opportunity Act 1984, you can’t treat someone differently because of their occupation, even if it’s stigmatized.
Instead of vague clauses, use clear rules:
- No more than two overnight guests per week (applies to everyone)
- No loud noise after 10 PM
- No unlicensed commercial operations (e.g., brothels, massage parlors)
- No illegal drugs or weapons on the property
These rules protect everyone. They don’t single out one group.
And if a tenant is breaking the law? Report it to police-not to the eviction process. That’s what the law is for.
Final Reality Check
Sex work isn’t the problem. Vague leases and prejudice are.
You don’t need to be a lawyer to protect yourself. You just need to know your rights. If you’re paying rent, following the law, and not disturbing others-you have a right to be there.
And if your landlord tries to push you out? You’re not alone. Help exists. The law is on your side. And silence won’t protect you. Knowledge will.
Can a landlord evict me just because I’m a sex worker?
No. In Western Australia, sex work is legal when done independently. A landlord cannot evict you solely because of your occupation. They must prove a specific, lawful breach of your lease-like damage, non-payment, or illegal commercial operations like running a brothel. Assumptions, rumors, or neighbor complaints are not enough.
What if my lease says "no unlawful activity"?
That phrase is too vague to be enforceable against independent sex workers. Since sex work is legal under Australian law when done privately, it doesn’t qualify as "unlawful activity." Courts have ruled that landlords can’t use subjective terms like this to justify eviction. If you’re working alone and following local rules, you’re not violating this clause.
Can my landlord check my visitors or demand to know who comes to my place?
No. Landlords have no right to monitor your visitors, track who enters your home, or demand details about your personal life. That’s a violation of your right to privacy under the Residential Tenancies Act. If they try, document it and contact Tenants’ WA. You are not required to justify your relationships or work.
Is it legal for a landlord to say sex work is "immoral" and therefore not allowed?
No. "Immoral" is not a legal standard. It’s a personal belief. Australian law does not recognize morality as grounds for eviction. Courts have consistently ruled that lease terms must be based on objective, lawful criteria-not social stigma. Using "immoral" to target sex workers is discriminatory and unenforceable.
What should I do if I get a notice to vacate?
Don’t panic. Don’t sign anything. You have 14 days to respond. Write a clear letter stating you are a lawful tenant, you pay rent on time, and you are not violating any legal terms of your lease. Attach proof of rent payments. Contact Tenants’ WA immediately-they offer free legal advice and can help you file a challenge with the State Administrative Tribunal if needed.