The following is
a broad outline of the legal rights and responsibilities of
a tenant under the Residential Tenancies Act 1987. This is not
intended to be a comprehensive guide on tenancy. For fact sheets
and sample letters check out www.tenants.org.au. If you are
experiencing problems with your landlord, real estate agent
or headtenant, contact the Tenants Union Hotline, your local
tenants advice service or the Tenancy Service of the Office
of Fair Trading (see Contact
Points).
These rights apply to you if you are a tenant in a share house.
If you are a boarder or lodger, you are not covered by the Act
and should contact your local tenants service for advice if
you are having problems with your landlord.
- - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - -
YOUR RIGHTS AS A TENANT
• to have the bond lodged at the Rental Bond Board
• to have privacy without interference from the landlord
• for the premises to be in a reasonable condition, clean
and fit to live in at the start of the tenancy
• for the premises to have reasonable security and locks
• for repairs to be carried out in a reasonable time
• to be reimbursed for any urgent repairs paid for by
you up to a maximum of $500 - keep all receipts and seek advice
before spending money!
• to be given a copy of the residential tenancy agreement,
condition report and renting guide
• to be given rent receipts
• to be given the appropriate notice of visits by, or
for, the landlord, for example, two days notice for repairs
or maintenance, seven days notice for an inspection by the landlord
• to be given 60 days written notice of a rent increase
if you are on a continuing agreement
• to be given the required notice of termination in writing
of the tenancy:
if you are on a fixed-term agreement - 14 days notice
in writing asking you to leave at the end of the fixed-term
agreement
if you are on a continuing agreement, that is, the fixed-term
has already ended - 60 days notice in writing, or 30 days notice
in writing if the place has been sold with vacant possession
if you have breached the agreement - 14 days notice
in writing
• for the landlord to apply to the CTTT before eviction,
if you do not move out
• to apply to the Consumer, Trader and Tenancy for assistance
if the landlord has breached the agreement
• to be notified of any change of name and address of
your landlord/agent
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Your Responsibilities as a Tenant
• to keep the premises in reasonable condition, including
the garden
• to fix any damage caused by you or your guests
• to pay rent on time
• to let the landlord/agent know of any repairs or maintenance
that are needed
• to ask the landlord/agent for permission to sub-let
the premises or part of the premises before you sub-let
• to ask the landlord/agent for permission to assign your
rights under the lease to another person before you assign
• to ask the landlord/agent for permission to have a pet
in the premises
• to give the landlord/agent a copy of the completed condition
report within seven days of moving in
• not to alter the premises or make additions without
the landlord's/agent's written permission
• to give the required notice in writing when you decide
to leave:
if you are in a fixed-term agreement - 14 days notice
in writing that you intend to leave at the end of the fixed
term
if you are in a continuing agreement - 21 days notice
in writing
• to leave the premises in the same condition (except
for normal wear and tear) as when you first moved in
• not to alter, remove or add a lock or security device
without the landlord's permission
• not to use the premises for illegal purposes
• not to interfere with the peace, comfort or privacy
of neighbours
• not to let anyone else on the premises breach the agreement |