Queensland Residential Tenancy Agreements
In Queensland General Residential Tenancies are subject to and governed by the Residential Tenancies Act 1994. The Residential Tenancies Authority (RTA) is an independent government organisation that administers the Act. The RTA also assists landlords and tenants to understand their legal rights and obligations under the Act.
The Act applies to both verbal and written agreements and covers most residential tenancies. However some leases are not covered under the Act. These include
- agreements for premises that are part of an educational institution, hospital, nursing home or retirement village.
- certain agreements under which the tenant is being supplied with temporary
refuge accommodation. - agreements under the Mobile Homes Act 1989.and
- Holiday homes.
For a list of other exclusions one should consult the Residential Tenancies Act 1994.
Before the tenant moves into the rented premises or enters into a Residential Tenancy Agreement there are several documents that they must receive from the Landlord or the landlords agent. These include a written copy of the lease, a list of costs that they will need to pay when they sign the lease and a booklet calledRenting A Home. This booklet explains the rights and responsibilities of the tenant and those of the landlord. It is freely available from the Residential Tenancies Authority.
The tenant must be given time to read and understand the terms of the tenancy agreement before being asked to sign it.
The Tenancy Agreement
The lease or residential tenancy agreement is binding contract between the landlord and the tenant. The residential tenancy agreement is made up in two parts . The first part defines the rights and obligations of the parties as prescribed under the act and the second part is the property condition report.
Condition Report
At the beginning of the tenancy the landlord fills out and signs 3 copies of the condition report and gives two copies to the tenant. The tenant indicates agreement or disagreement with the condition suggested by the landlord or landlord’s agent by placing a tick or a comment in the correct space. If they believe the report does not represent the true condition of the premises, this is the time to sat so. The tenant must return one signed copy of the completed condition report to the landlord or landlord’s agent within (5) business days and keeps the second copy.
Bond
If the Landlord requires the tenant pay a bond, the maximum bond payable cannot be more than 4 weeks rent. Often the landlord may use different terminology like a key bond or a rental bond, whatever the case they cannot charge more than 4 weeks rent in total bonds if the rent is less than $500 per week. However if the weekly rent exceeds $500 per week there is no maximum bond limit. This means the tenant and the landlord can negotiate a bond that is acceptable to both parties. Landlords and their agents are required to lodge the bond with the RTA with the prescribed Bond lodgement form within 10 days of recieving it.
Rent in Advance
The tenant will usually be required to pay one month for a fixed term agreement and 2 weeks rent in advance for periodic agreements.
Terminating a Tenancy agreement
In the last 14 days of a fixed term agreement, either party can give 14 days notice to end the tenancy. Once the fixed term tenancy has ended Tenants are required to give at least 14 days notice and the Landlord must give at least 2 months notice.
Residential Tenancy kits for QLD are available from your local Post office in printed format or from RP Emery and Associates as a downloadable MS word document. Unlike a hardcopy agreement the MS word document can be used time and again and it also allows a certain amount of flexibility to edit as you see fit. For more information consult the RTA or Residential Tenancies Act 1994.