What is the legislation governing residential tenancies in Queensland?
The Residential Tenancies Act covers tenants who rent privately or in public housing, tenants in caravan parks, and tenants in accommodation provided by their employers or who live in supported accommodation for more than 13 weeks.
What rental accommodations are NOT covered by the Act?
The Act does not cover people who rent for holidays, retirement villages, hospitals and nursing homes, educational institutions, some emergency and short-term accommodation and those in boarding houses or hostels. However, if bond money is paid for residential accommodation, it must be lodged with the Residential Tenancies Authority, including bonds paid by boarders or roomers.
Is it necessary to have a written tenancy agreement under the Act?
A written lease or tenancy agreement is required by law. The tenant has 5 days after receipt of the document to return it signed to the landlord or agent, who then has 14 days to return a fully signed copy to the tenant. If there is no written agreement in place, the provisions of the Act still apply.
What about a signed property condition report?
At the time a tenant moves in, the landlord should provide an entry condition report with his/her comments on it. The tenant should then add their own comments, especially if they disagree with any of the landlord's. The tenant has 3 days to complete the form, sign and return it to the landlord, and retain a copy for their own records.
In the last few days of the tenancy, the tenant and landlord should meet and walk through the premises together, and fill out an exit condition report form together. If this is not possible, the tenant should fill out 2 copies of the form and send them to the landlord as soon as possible after vacating the premises. The landlord must then complete their section within 3 days and send the form to the tenant's forwarding address.
How much advance rent can the landlord charge?
If the lease is for a fixed term (such as 6 months, 1 year, etc), a tenant cannot be asked to pay more than 1 month's rent in advance. If the tenancy is a periodic tenancy (month-to-month, week-to-week, etc), advance rent cannot exceed 2 weeks' rent.
How much can the landlord charge for a rental bond?
The bond cannot be more than 4 weeks rent, unless the weekly rent exceeds $300. The landlord must submit the bond money to the Residential Tenancies Authority within 10 days of receipt, along with a Bond Lodgement Form which must be signed by both landlord and tenant.
At the end of the tenancy, the parties both fill out and sign a Refund of Rental Bond form. This form is submitted to the RTA. The landlord is allowed to make a claim against the bond for unpaid rent, cost of damages caused by the tenant or his/her guests (except for normal wear and tear), costs of cleaning the premises if the tenant failed to return the place in the condition it was in at the beginning of the tenancy, and costs as compensation for the landlord if the tenant broke the lease.
What other fees can the landlord charge?
The landlord or agent may charge an application fee, usually equivalent to 1 week's rent. This fee is not regulated under Queensland tenancy law and tenants should make sure they get a receipt for any fees paid. If the tenant's application is accepted, the fee should be applied towards the rent or bond. If the application is unsuccessful, the money should be refunded in full.
A landlord or agent may also ask for a holding deposit, which is money paid by a tenant to "hold" the premises exclusively for them. The landlord cannot then rent the place to anyone else during the holding period, unless the tenant notifies him/her that they do not want to rent the place.
When is the landlord allowed to increase the rent?
If the tenancy agreement is for a fixed term (such as 6 months, 1 year, etc), the landlord cannot increase the rent before the end of the term unless the agreement makes specific provisions for a rental increase, in which case the landlord must give 1 month's written notice before the rent increase goes into effect. If the tenancy is a periodic tenancy (e.g. month-to-month), the landlord must give 2 months' written notice before raising the rent.
How can a tenancy agreement be terminated?
A fixed term tenancy terminates on the expiry date set out in the agreement, unless the parties agree to earlier termination. If either party wishes the tenancy to end at the expiration of the term, they must provide the other party with 14 days written notice (the tenant would serve a Notice of Intention to Leave, the landlord would serve a Notice to Leave. If the tenant wishes to stay on at the end of the term and the landlord is willing, and if no new fixed term agreement is signed, the tenancy becomes a periodic tenancy.
A periodic tenancy can be terminated by the tenant sending the landlord a Notice of Intention to Leave 2 weeks before the proposed termination date. If the landlord wishes to end the periodic tenancy, s/he must give the tenant 2 months' written Notice to Leave.
Can a tenant sublet the premises?
The tenant must get the landlord's written permission before subletting the premises or any part of the premises. The landlord must give permission unless there is good reason to refuse.
When is the landlord permitted to enter the premises?
It is against the law for the landlord or agent to enter the premises without the tenant's consent or without prior written notice. The notice period depends on the purpose of the entry. A tenant should be given 24 hours notice for repairs or if the landlord wants to show the place to prospective tenants or buyers, and 7 days advance notice for inspections.
On what grounds can a landlord evict a tenant?
The landlord can give the tenant Notice to Leave for a number of reasons, including failure to pay rent, letting the rent fall into arrears 3 times in 2 years, breach of the lease agreement, causing or permitting serious damage to the premises, causing or permitting objectionable behaviour in the premises. The landlord must give proper notice as prescribed by the Act. If the tenant does not either cure the problem or vacate the premises by the date set out in the notice, the landlord can go to the Small Claims Tribunal to obtain a warrant of possession. The warrant will authorise a police officer or other authorised person to enter the premises and make the tenant leave.
A landlord cannot evict a tenant as retaliation for the tenant enforcing his/her rights.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
[close]
