Information on renting in Queensland
You have responsibilities to the lessor/agent of the property. You must ensure you:
Meeting your responsibilities under the agreement:
· pay the rent on time and in the way written in your agreement
· abide by the terms of your agreement and any body corporate by-laws that apply
· tell the lessor/agent if you damage the premises (accidentally or otherwise)
· follow the rules set out by the Residential Tenancies and Rooming Accommodation Act 2008.
Respect your new home:
· use the premises mainly as your home, unless otherwise agreed
· do not use your home for any illegal purpose
· do not cause a nuisance, or seriously affect the reasonable peace, comfort or privacy of your neighbours
· keep any inclusions (e.g. the stove) clean
· make sure you or your guests do not deliberately damage the premises
· be responsible for your behaviour and that of your guests.
When you start a tenancy, you will need to:
· read and sign a written General Tenancy Agreement (Form 18a) including the standard terms before you pay bond, rent in advance, or move in
· get a signed copy of your tenancy agreement
· get a copy of this booklet (the lessor/agent is required by law to give this to you)
· pay a bond (if required) and complete a Bond Lodgement (Form 2)
· pay rent in advance (if required)
· get receipts for any monies you pay
· get one full set of keys for one of the tenants named on the agreement, and entry keys for the other tenants named on the agreement
· receive a signed and completed copy of the Entry Condition Report (Form 1a) from the lessor/agent
· complete the “tenant” sections of the Entry Condition Report (Form 1a), mark it if you disagree, record the water meter reading on the form, sign the copy and return it to the lessor/agent within 3 days from when you’re allowed to move in. The lessor/agent must then give you a copy of the final report within 14 days, and
· keep copies of all these documents in a safe place – they are important documents that may help if there is a dispute over your bond.
What if I want to share with other people?
Before you sign anything!
Sharing a home with other people can make renting a more affordable option. If you are thinking about entering into a share home arrangement it is important to be aware of your legal rights and responsibilities before you sign a tenancy agreement. For example, you have a responsibility to notify the lessor/agent if there are any changes to the occupants in the household.
The Act recognises that people share rented homes and has rules covering a number of legal arrangements. There are many different share home situations including: co-tenancies, subletting, boarding and lodging. The rights and responsibilities of the parties will depend on what legal arrangements apply. You should work this out at the start of the tenancy to avoid disputes. It doesn’t matter what your living arrangements are, if a bond is taken it must be lodged with the RTA in the same way as all other bonds and the relevant forms must be completed.
Tenancy agreements
What’s a General Tenancy Agreement (Form 18a)?
When you rent a premises, you need a written agreement (even if you are renting from a friend or family member). The tenancy agreement is a legally binding contract between you and the lessor. It’s the lessor/agent’s responsibility to prepare the agreement and give a copy to you before you commit to the tenancy.
There are 2 types of tenancy agreements:
· Fixed term agreements – when you agree to rent the premises for a fixed amount of time (such as for 6 or 12 months or other agreed term), and
· Periodic agreements – when you agree to rent the premises for an undefined amount of time (in this case there will be a start date but no specified end date).
What’s in the tenancy agreement?
The tenancy agreement must include:
1. the name and address of the tenant (you), and the agent (if there is one) or the lessor
2. the dates for when the agreement starts and ends (or state the agreement is periodic)
3. details about how and when you should pay the rent and how much rent is to be paid
4. the set of ‘standard terms’ – there are some standard laws (terms) which set out what you and the lessor/agent can and can’t do (these pages of terms should be given to you as part of the tenancy agreement – make sure you read these pages), and
5. any special terms – if the lessor/agent asks you to abide by any special terms in the agreement these special terms must not conflict with the standard terms or the law.
What if there are special terms in my tenancy agreement?
You and the lessor/agent can negotiate the special terms. Make sure you read and understand the special terms, add the terms you have negotiated for, and sign the agreement if you agree to all the terms. An example of a special term is ‘One blue heeler dog (Benny) is approved to be on the premises but is to remain outside at all times’.
What happens after I sign a tenancy agreement?
Once you have read and understood all the terms of the tenancy agreement, you need to sign it, and return it to the lessor/agent within 5 days of receiving it. After you have signed the agreement, the lessor/agent will sign it and give you a copy. They must give you a copy of the signed agreement within 14 days of receiving your signed copy.
What if I don’t have a tenancy agreement?
If the lessor/agent doesn’t give you a written agreement before you move in, or doesn’t give you a copy of the agreement after you’ve signed it, you should ask the lessor/agent to do so. If your request is refused, you still have protection under the law. If you have a dispute about the agreement with the lessor/agent refer to the ‘Resolving disputes’ section.
The tenancy agreement is an important document. It’s your contract with the lessor/agent. By signing the tenancy agreement, you make a legal commitment to do what it says in the agreement. Make sure you read the tenancy agreement carefully, that you understand it before you sign it, and keep your copy in a safe place.
Rental bond
What’s a rental bond?
Rental bond is money you pay at the beginning of a tenancy which the lessor/agent can claim if you breach the agreement and they suffer any financial losses because of your breach (for example, if you owe money for rent, damages, or other costs at the end of the tenancy). Bond money is not rent and is not the same as paying rent in advance. It is common to pay a bond when you sign a tenancy agreement. If you are a social housing tenant other conditions may apply to you. Contact the Department of Housing and Public Works.
How much bond can be charged?
If your rent is $700 a week or less, the maximum bond a lessor/agent can charge is equal to 4 weeks rent. It doesn’t matter what the bond/s are called (for example, a ‘rental bond’, a ‘pet bond’, a ‘key bond’ etc), you cannot be charged more than this amount in total for bonds. If the rent is more than $700 a week, there is no limit on the bond that can be charged (in which case you can negotiate the amount of bond with the lessor/agent).
If you are a sub-tenant the same rental bond conditions apply as for lessors/agents. This means the ‘head tenant’ is entitled to ask you to pay a bond (based on your weekly rent) for protection from any possible financial losses under the sub-tenancy agreement.
If you are in employee housing, the maximum bond is different.
What happens after I pay the bond?
Claiming your rental bond back? Refer to the ‘Bond refunds’ section.
When you pay a bond the lessor/agent/head tenant needs to:
· give you a receipt for your bond money as soon as they have received it
· fill in a Bond Lodgement (Form 2) – you’ll also need to sign this form, and
· send your bond money to the RTA (the lessor/agent/head tenant is required by law to do this within 10 days of receiving it).
The RTA holds the bond while you live in the premises. The RTA will send you an official receipt to let you know they’ve received your bond. The receipt has your rental bond number on it. If you contact the RTA about your bond you will need to quote this number. Make sure you keep this notice in a safe place. If you do not receive an official receipt within a few weeks, it’s a good idea to ring the RTA to check whether they have received your money. A penalty may apply against the lessor/agent/head tenant if they do not lodge your bond with the RTA.
It doesn’t matter what your living arrangements are, if the person you’re renting from takes a bond, it must be lodged with the RTA. Failure to comply with this requirement is an offence. Lessors/agents and head tenants may be prosecuted by the RTA for failing to lodge bonds of tenants, sub-tenants, boarders and/or lodgers.
What if I need help to pay the bond?
If you can’t afford the bond, the lessor/agent may let you pay the bond in instalments, or you may be able to get a bond loan from the Department of Housing and Public Works if you meet their requirements. Talk to the lessor/agent about instalments, or call the Department of Communities.
Can I transfer a current bond?
Sometimes your previous and new lessor/ agent will allow you to transfer your bond to your new premises rather than claiming it back at the end of the tenancy. You will need to negotiate this with them.
Moving in
Can I be charged rent in advance as well as a bond?
Rent in advance is not part of the rental bond. Most lessors/agents require tenants to pay their rent in advance. You will normally pay the first lot of rent before you move in. For example, you might be asked to make a pre-payment of 2 weeks rent so you can live in the premises for those next 2 weeks. No matter how much rent you pay in advance, you can’t be asked to pay more rent until the rent paid in advance has been used up.
The lessor/agent can’t ask you to pay more than 1 month’s rent in advance if you have a fixed term agreement, or more than 2 weeks if you have a periodic agreement. However, you can pay more rent in advance if you want to.
Who gets keys to the premises?
If there is more than one tenant named on the tenancy agreement then the lessor/agent must supply at least one of the tenants with a key and/or device (like a swipe card) that opens every lock to the premises. For example, one of the tenants must be provided with a key (or remote control) for the garage door, a key for all lockable doors/cupboards, a key for the mailbox, etc.
Each of the other tenants named on the tenancy agreement must receive a key so they are able to enter the premises. For example, a key for each lock that:
· secures an entry to the premises (for example, the front/back door), and
· secures a road or other place that is normally used to gain access to the premises (for example, security gates).
What’s an Entry Condition Report (Form 1a)?
This is an important document which helps if there is a dispute over your bond or water charging for the premises. It can be compared with the Exit Condition Report (Form 14a) when you leave – refer to the ‘Ending a tenancy’ section.
When you move in, the lessor/agent needs to complete the lessor/agent sections including noting the presence of water efficient devices, and give you a copy of the signed Entry Condition Report (Form 1a). The lessor/agent must give you a copy of this report either when they give you the tenancy agreement for signing or on the day the premises is available for you to move in.
When should I complete the Entry Condition Report (Form 1a)?
It’s best if you complete your part of the report before the day you move in so you can record the true condition of the premises at the start of the tenancy (before you have lived there). However, you have 3 days after the day you’re allowed to move in to complete the report.
What do I need to include in the Entry Condition Report (Form 1a)?
The lessor/agent will give you a completed and signed form. It’s up to you to examine the premises
thoroughly. You should include the water meter reading on the form to help calculate your water
consumption. If you don’t agree with the lessor/agent’s comments, add clear comments in the ‘tenant’ column before you sign it. You can also take photographs or a video of things if you need to.
What do I do when I’ve finished filling in the Entry Condition Report (Form 1a)?
Return the completed and signed copy of the report to the lessor/agent within 3 days after the day you’re allowed to move in. The lessor/agent must then give you a copy of the final report within 14 days.
The Entry Condition Report (Form 1a) is an important document which helps if there is a dispute over your bond or water charging for the premises. It’s proof of the condition of the premises before you started living there and will be compared with the Exit Condition Report (Form 14a) – (‘fair wear and tear’ excepted). Take care to complete it thoroughly and carefully within 3 days after the day you’re allowed to move in. Take photographs or a video of things if you need to. You should also record the water meter reading on the form to help calculate your water consumption. Keep a signed copy in a safe place.
Rent and other costs
What are my rights and responsibilities during the tenancy?
All tenants and lessors/agents are bound to comply with the law. Both you and the lessor/agent have rights and responsibilities during the tenancy. For a list of the rights and responsibilities of both parties refer to the table in the ‘Rights and responsibilities’ section of this booklet. This section will help you to understand some of your important rights and responsibilities during the tenancy.
Ongoing costs checklist
While you’re renting, the main costs you need to budget for include:
· rent payments (these are regular on-going payments, usually weekly or fortnightly)
· services connected to the premises like gas, electricity and telephone (apart from regular payments, there may be one-off connection fees and security deposits to pay for)
· other costs written into your tenancy agreement (for example, refer to the ‘Can I be charged for water?’ and ‘What if I’m sharing an electricity or gas meter and there’s only one bill?’ sections), and
· any repairs to the premises you may be liable for, for example, if you accidentally break a window.
Who pays for insurance?
The lessor must pay for the rates and is responsible for insurance for the premises (that is, insurance for the building, but not for your belongings). If you want protection for your belongings you will need to take out “contents insurance” (a once a year or month-by-month payment to cover the cost of your belongings if they’re stolen or damaged).
How do I pay the rent?
At the start of the tenancy you and the lessor/agent should have discussed how you would pay your rent (this information should be documented in your tenancy agreement). You must pay your rent in the way stated in the tenancy agreement. If your tenancy agreement does not include this information then you must pay your rent in one of the approved ways (listed in the table below).
Late paying your rent? Refer to the ‘What if I don’t pay my rent on time and I get a Notice to Remedy Breach (Form 11)?’ section.
Responsibilities for paying the rent
Examples
How the rent will be paid
* If the lessor/agent wants you to pay rent by a way not listed in the Act (e.g. rent card), then two other rent payment options that are listed in the Act (such as cash or cheque) must be offered as well.
You must pay your rent as stated in the tenancy agreement. If your tenancy agreement doesn’t include that information there are approved ways you can pay the rent including:
· cash
· cheque
· deposit to a financial institution account nominated by lessor
· credit card
· EFTPOS
· deduction from your pay or pension, or
· in any way that you and the lessor/agent agree to*.
Where the rent will be paid
Your tenancy agreement might give you the options to pay the rent by cheque at the agent’s office or direct deposit into a nominated bank account.
How often the rent will be paid
Your tenancy agreement might say you have to pay rent every second Friday.
You and the lessor/agent should agree on how, when and how often the rent will be paid. This information should be included in your tenancy agreement. Once you have an agreement about how to pay rent, it cannot be changed for the duration of the tenancy agreement unless both you and the lessor/agent agree to the change in writing.
What if I pay my rent electronically?
If your agreement is to pay your rent electronically (for example, direct deposit) make sure you pay
the rent as stated in the tenancy agreement. For example, if the tenancy agreement says ‘rent to
be paid every second Saturday’, your payment must be made on that day to meet the terms of the agreement (you may need to allow for processing time). You should be clear about this with the lessor/agent at the start of the tenancy. If you’re paying your rent by direct debit, always make sure you have sufficient funds available, otherwise you could end up in rent arrears and you might have to pay bank charges/fees.
Should I be getting rent receipts?
Rent receipts are your proof you’ve paid the rent – keep them in a safe place.
The lessor/agent must give you a receipt if:
· you pay your rent in cash, or
· if you pay by cheque and you ask for a receipt.
If you pay rent some other way (like direct deposit from your bank account), you won’t normally get
a receipt for the money (but the transaction will appear on your bank statements). The lessor/agent must keep a record of the rent you pay, and you can ask for a copy of the rent record at any time. If you ask for a copy of your rent record, the lessor/agent must give it to you within 7 days.
Rent and bond increases
Can my rent be increased?
Sometimes the lessor/agent will seek to increase your rent. The rules for rent increases will be different depending on what type of agreement you have. However, no matter what type of agreement you are on, rent cannot be raised more than once every six months.
If you are a public housing tenant other conditions will apply to you. Contact the Department of Housing and Public Works.
Rent increases
During fixed term agreements
During periodic agreements
The rent can’t be increased unless a ‘special term’ in your tenancy agreement states the rent can be increased and the amount of the increase or how the increase is to be worked out.
If your fixed term agreement allows for rent increases, the lessor/agent must give you at least 2 months notice in writing before increasing the rent.
The rent can be increased at any time during a periodic agreement.
If the rent is being increased during a periodic agreement, the lessor/agent must give you at least 2 months notice in writing. The written notice might be a letter saying when the rent increase will start and how much the rent will increase by.
If my rent increases, will my bond increase too?
If the rent goes up, the lessor/agent might also ask you to pay more rental bond. Any extra bond must be lodged with the RTA using a Bond lodgement (Form 2).
Bond increases
Generally, notice of a bond increase can only be given if it has been at least 11 months since the previous increase. You must be given one month’s notice. Contact the RTA for more information.
Want to know the maximum bond you can be charged? For more information on rental bonds
see the ‘How much bond can be charged?’ section.
Rent increases and discounts
Can my rent (and bond) be increased when my fixed term agreement ends?
At the end of a fixed term agreement you and the lessor/agent need to decide whether you will move out, stay on under a new fixed term agreement or stay on under a periodic agreement. For information about ending a fixed term agreement, notice periods for ending agreements and when an agreement becomes a periodic agreement refer to the ‘Ending a Tenancy’ section. Towards the end of a fixed term agreement, the lessor/agent may offer you a new fixed term agreement with a higher rent. If this happens you can:
· accept the increased amount of rent and sign the new agreement
· choose not to accept the new agreement and give the lessor/agent a Notice of Intention to Leave (Form 13), or
· take no further action, in which case the lessor/agent has some options (see below).
If you choose not to accept the new agreement or if you take no further action the lessor/agent can:
· give you a Notice to Leave (Form 12), or
· take no further action, in which case your agreement will become periodic (and the rent would remain at the fixed term rate).
If there is a dispute about the rent, you must continue to pay the rent stated on the tenancy agreement until the dispute is resolved. If you and the lessor/agent agree to a rent discount or decrease it’s a good idea to get it in writing to avoid a dispute about this later on. If you have a dispute about a rent increase refer to the ‘What if I think a rent increase is excessive?’ section.
Maintenance
Who’s responsible for looking after the premises?
During the tenancy, you and the lessor/agent have shared responsibilities in ensuring that, as far as possible, the premises remain in the same condition as at the start of the tenancy (‘fair wear and tear’ excepted). For example, you are responsible for keeping the premises and inclusions clean and you must meet the costs of damage to the premises that you and/or your guests are responsible for (that is, damage done maliciously, purposely or negligently).
For example, if a window breaks because a ball you and your children are playing with goes through it, you’re responsible and you may have to pay. But if a window breaks because the hinges are old and the window falls out, that may be ‘fair wear and tear’ and the lessor/agent may have to pay.
Entry to the premises
When can the lessor/agent visit my premises?
The lessor/agent must take reasonable steps to ensure your privacy. They are allowed to enter the property in accordance with the rules of entry under the Act, but there are steps that must be followed:
· in most cases, the lessor/agent must give you notice in writing using an Entry Notice (Form 9)
· entry must happen at a reasonable time. Lessors/agents are unable to conduct an entry on Sundays or Public Holidays, or between 6:00pm and 8:00am on other days, unless you both agree
· the lessor/agent must specify on the notice of entry a two hour time period during which they intend to enter the premises. The lessor/agent must enter the property during that particular two hour period. They can then stay in the property past the end of the two hour period to complete the job. This does not apply to entry by tradespeople.
If you have concerns about the entry time it’s best to contact the lessor/agent immediately. You and the lessor/agent should try and negotiate another suitable entry time. If the lessor/agent has followed the rules set out by the laws, provided the correct notice and entry is proposed at a reasonable time, they can still enter the premises to conduct their lawful business.
Failure to comply with these requirements is an offence and you can make a complaint to the RTA if you believe the entry to your premises was unlawful. For disputes about entry refer to the ‘Resolving disputes’ section.
Lawful reason for entry
Minimum notice
To inspect the premises
7 days (a maximum of one routine inspection every 3 months)
Follow-up inspection to check a significant breach* has been remedied, or to check on the quality of repairs by a tradesperson
24 hours (the entry must occur within 14 days of the expiry date on the Notice to Remedy Breach (Form 11)).
To carry out repairs or maintenance to the premises (this includes installation and maintenance of electrical safety switches and smoke alarms)
24 hours. Entry can occur without notice if the premises are located in a remote area and there is a shortage of tradespeople.
To show the premises to a prospective purchaser
24 hours notice and a reasonable time has elapsed since the last entry for this reason (refer to the ‘What if the lessor wants to sell the premises?’ section for forms required).
To show the premises to a prospective tenant
24 hours notice and a reasonable time has elapsed since the last entry for this reason. You must also have given a Notice of Intention to Leave (Form 13) or have received a Notice to Leave (Form 12) from the lessor/agent.
To allow a valuation of the premises
24 hours.
If the lessor/agent reasonably believes the premises have been abandoned
24 hours.
If the tenant and lessor/agent both agree that the lessor/agent can enter
At the agreed time.
In an emergency
No notice required.
If the lessor/agent reasonably believes that entry is needed to protect the premises from damage that is about to happen
No notice required.
By order of the Tribunal
As specified in the order.
* The Act lists a significant breach as relating to: using the premises for an illegal purpose, keeping a pet on the premises, the number of occupants allowed to reside in the premises or another matter if the reasonable cost of fixing the matter exceeds 1 weeks rent.
Doing work on the premises
Can I add fixtures and do other work to the premises?
You can only install fixtures and fittings to the premises (like picture hooks) with written permission from the lessor/agent. The written permission should outline what changes are approved and any terms to the agreement (like whether you can remove the fixture when you leave). If you want to remove fittings you’ve added, you can only do so if you repair any damage caused by the removal of these fittings.
The lessor/agent cannot unreasonably withhold their agreement if you ask to add a fixture to the
premises. If you think they are being unreasonable about fixtures, refer to the ‘Resolving disputes’ section.
What’s the difference between an emergency repair and a routine repair?
The law lists a variety of situations that are considered emergency repairs including:
· a burst water service or a serious water service leak
· a blocked or broken lavatory system
· a serious roof leak
· a gas leak
· a dangerous electrical fault
· flooding or serious flood damage
· serious storm, fire or impact damage
· a failure or breakdown of the gas, electricity or water supply to the premises
· a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating, and
· a fault/damage that is likely to cause injury, undue inconvenience or which makes the premises unsafe or insecure (for example broken stairs).
If your situation is not listed as an emergency repair it is considered a routine repair.
What do I do in an emergency?
When the lessor/agent prepares your tenancy agreement, they should include information about
what you should do in an emergency. The tenancy agreement may tell you to contact the lessor/agent first, how to contact them after hours or in an emergency, and may give you the contact details of nominated repairers for problems to be fixed (for example an electrician and a plumber). You can write the lessor/agent’s emergency contact details in the space provided at the back of this booklet.
What if I can’t get in touch with the emergency contact person?
If there’s an emergency and neither the lessor/agent nor the nominated repairer can be contacted, you can arrange for a suitably qualified person to carry out the repairs, to a maximum value of 2 weeks rent. You can either pay the repairer and get the lessor/agent to give you the money back,or you can ask the repairer to bill the lessor/agent.
Repairs
What if I paid for the emergency repairs myself?
If you arrange for emergency repairs, the lessor/agent must pay you back, or pay the bill, within 7 days. You will need to give the lessor/agent a copy of the invoice or receipt, plus a short letter stating what happened and how much they need to pay. If the lessor/agent doesn’t pay the money within 7 days, you can make an urgent application to QCAT for an order. For information about making an application to QCAT contact the RTA for a copy of Handling tenancy disputes in the Tribunal.
The lessor/agent can also apply to QCAT if they think they should not have to pay for the
emergency repairs.
Sale of the premises
What if the lessor wants to sell the premises?
If the lessor decides to sell the premises and they want to enter to show the premises to a prospective purchaser, they must inform you in writing using:
· the Notice of Lessor’s Intention to Sell Premises (Form 10), and
· the Entry Notice (Form 9).
The lessor/agent must give you a Notice of Lessor’s Intention to Sell Premises (Form 10) which should include details of how the lessor is planning to sell the premises. If you have concerns about the lessor/agent’s sales strategy, it is best to contact the lessor/agent immediately to discuss the matter. You and the lessor/agent should try to negotiate about the sales plan. For disputes about the sale of the premises refer to the ‘Resolving disputes’ section.
The lessor/agent must give you an Entry Notice (Form 9) with at least 24 hours notice before each entry. If the selling agent is different from the agent who manages your tenancy, the selling agent must also give your agent a copy of each Entry Notice (Form 9) before entering the premises to show it to a prospective buyer.
If you’re on a fixed term agreement the lessor/agent cannot make you leave because they have decided to sell. You can stay until the end of your agreement and the new owner will become the lessor. The new lessor/agent cannot change the terms of your fixed term agreement unless you agree to the changes. You may need to pay rent to your new lessor or their agent – you will need to be notified of this in writing.
However, if the premises are marketed for sale during the first two months of the fixed term agreement and you have not received written notice of the proposed sale prior to entering the agreement, you have the option of ending the tenancy by giving a Notice of Intention to Leave (Form 13) with two weeks notice, to the lessor/agent.
Ending a tenancy
Ending a tenancy checklist
When you’re preparing to move out, you will need to:
· make sure you have received a Notice to Leave (Form 12) or that you have given the lessor/agent a Notice of Intention to Leave (Form 13) (make sure you use the right form and give the right amount of notice based on why the tenancy is ending)
· continue to pay rent until the date shown on the Notice to Leave (Form 12) or the Notice of Intention to Leave (Form 13) (handover day) – if you leave in the middle of a rent period you may have to make a final rent payment covering the days until the handover date on the form
· organise to move all your things out
· clean the premises (the premises should be in the same condition as when you moved in – ‘fair wear and tear’ excepted)
· check the special terms in your tenancy agreement (contact the relevant service listed on the back of this booklet for more information if you have concerns about a special term)
· complete a copy of the Exit Condition Report (Form 14a) (it’s up to you to complete this form – and it will help you if there is a dispute over your bond)
· take photos or a video of the premises if you want to
· record the water meter reading on the Exit Condition Report (Form 14a)
· if possible, arrange a time with the lessor/agent to do a joint final inspection of the premises (to go over the Exit Condition Report (Form 14a))
· give the copies of the Exit Condition Report (Form 14a) to the lessor/agent and get a signed copy of the report for your records
· arrange a time to return all the keys, including any that have been cut during the tenancy
· make sure you give your forwarding address to the lessor/agent and to the RTA so you can be contacted about your bond if necessary
· arrange to cancel any services you have connected to the premises (for example electricity, gas, telephone, etc)
· arrange with the lessor/agent for the Refund of Rental Bond (Form 4) to be completed and signed, and
· keep all of your documents in a safe, handy place – they are important documents that may help if there is a dispute over your bond.
Ending a fixed term agreement
What if I decide to break my fixed term agreement (leave early)?
If you decide to leave during a fixed term agreement, you should contact the lessor/agent immediately to discuss the matter because there may be costs involved. You must also give the lessor/agent a Notice of Intention to Leave (Form 13). You may be able to leave your fixed term agreement early if:
· you and the lessor/agent agree to end the agreement (you should get the lessor/agent’s agreement in writing), or
· your circumstances allow for you to apply to QCAT for an order to end your agreement
(refer to the ‘Are there other circumstances that might end the agreement?’ section).
If you give the lessor/agent a Notice of Intention to Leave (Form 13) during a fixed term agreement, you are still legally responsible for the tenancy. You may be liable for the rent until the end date on your fixed term agreement and for other costs.
Will there be costs involved if I break the fixed term agreement?
The lessor/agent can require you to pay for the reasonable costs they incur if you break the tenancy agreement. For example, costs for re-letting the premises which might include:
· compensation for lost rent
· the cost of advertising for new tenants, and/or
· costs incurred by the lessor – such as if the lessor has to pay a letting fee to an agent.
If you have a dispute about these costs, refer to the ‘Resolving disputes’ section.
A tenancy agreement is a legally binding document. When you signed the agreement, you agreed to be responsible for paying the rent until the end date on the tenancy agreement. If you break the tenancy agreement (for example, if you decide to leave during a fixed term agreement or if the lessor/agent asks you to leave because you have breached the agreement), you may still be legally responsible for paying the rent until another tenant can be found to occupy the premises or until the tenancy ends and you may be liable for other costs.
What are my options at the end of the fixed term agreement?
Before the end of a fixed term agreement (the earlier the better), you and the lessor/agent need to decide whether you will:
· move out
· stay on under a new fixed term agreement, or
· stay on under a periodic agreement.
If the end date of a fixed term agreement goes by without any contact between the lessor/agent and you, the agreement simply continues as a periodic agreement. You cannot just move out at the end of a fixed term agreement without letting the lessor/agent know.
What if I’m leaving (or being asked to leave) after the fixed term agreement?
Neither you nor the lessor/agent need a reason for you to move out at the end of a fixed term agreement (this is called ending an agreement ‘without grounds’). You do, however, need to give the right amount of notice (14 days) on the correct form. However the lessor/agent must give you 2 months notice to leave if it’s without grounds.
For information about ending a fixed term agreement, refer to the ‘What’s the correct amount of notice at the end of the tenancy?’ section.
Ending agreements
What if I’m staying on under a new fixed term agreement?
If you stay on under a new fixed term agreement the lessor/agent will need to prepare a written agreement. If there are no changes other than the new end date, this can be done by both parties
signing a letter or statement which sets the new date. Alternatively, if there is to be a change to any of the terms of the agreement (other than the end date), then the lessor/agent will need to prepare a new written tenancy agreement which must be signed by all parties, before the current agreement ends. If there is a significant change (such as a rent increase you regard as excessive) to the terms from your current agreement, you can dispute this, but only after you’ve signed the new agreement.
Notice periods
What’s the correct amount of notice at the end of the tenancy?
If you or the lessor/agent want to end the tenancy, the correct amount of notice must be given to the other party and the correct form must be used or there could be a claim for compensation. Remember, these are the minimum notice periods and parties can jointly agree to a longer time.
In most cases, if you decide to leave you must give notice, using a Notice of Intention to Leave (Form 13). If the lessor/agent is asking you to leave, they must give you notice, using a Notice to Leave (Form 12).
Reason for ending the agreement
Notice required
At the end of a fixed term agreement – ‘without grounds’ (no reason)
You, the tenant – must give at least 14 days notice to the lessor before the agreement ends.
Lessor/agent – at least 2 months notice must be given to the tenant prior to the ending of the agreement.
Any time during a periodic agreement – ‘without grounds’ (no reason)
You must give the lessor/agent at least 14 days notice ‘without grounds’ (no reason) under a periodic agreement.
The lessor/agent must give you at least 2 months notice ‘without grounds’ (no reason) under a periodic agreement.
You or the lessor/agent have not complied with a Notice to Remedy Breach (Form 11) within the allowed period and the breach is a breach of the agreement
You must give at least 7 days notice of your intention to leave for an unremedied breach but there may be costs involved – refer to the ‘What if the lessor/agent doesn’t fix the problem in the allowed time?’ section.
The lessor/agent must give you at least 7 days notice to leave for unremedied rent arrears and at least 14 days for an unremedied general breach.
You or the lessor/agent have breached the agreement in the same way twice in a 1 year period, a Notice to Remedy Breach (Form 11) was issued each time, and the breach was remedied in the remedy period
If you or the lessor/agent breach the agreement in the same way for a third (or more) time in a 1 year period an application can be made directly to QCAT for a termination order to end the agreement (this is only for certain breaches). Time limits may apply.
There has been a QCAT order
The notice will be determined by order of QCAT.
You or the lessor/agent have not complied with a Tribunal order
At least 7 days notice is required for non-compliance with a QCAT order.
Non-livability (for example, the premises have been destroyed, made partly or completely unfit to live in, or cannot be used lawfully as a residence any longer)
You can leave on the same day you give notice to leave for non-livability (this must be within 1 month of the event). You must leave on the same day if the lessor/agent gives you notice to leave due to non-livability (this must be within 1 month of the event).
If you don’t leave after being given a Notice to Leave (Form 12), the lessor/agent can apply directly to QCAT – refer to the ‘What if I don’t leave after being given a Notice to Leave (Form 12)?’ section.
For some other reason covered by law (such as excessive personal or financial hardship)
In certain circumstances, you or the lessor/agent can apply directly to QCAT for a termination order to end the agreement (refer to the ‘Are there other circumstances that might end the agreement?’section). The notice will be determined by order of QCAT.
The lessor has entered into a contract to sell the premises and the contract states the purchaser requires vacant possession of the premises (only applies to periodic agreements)
The lessor/agent is required to give you at least 4 weeks notice (if vacant possession is a condition in the sale contract) when you are on a periodic agreement. If vacant possession is not a condition in the sale contract, the standard notice period for periodic agreements applies.
At any time if both the lessor/agent and tenant agree in writing
Anytime as agreed to by both parties.
You must continue to pay rent until the date shown on the form (handover day). Even if you move out before handover day or if the handover day is in the middle of a rent period, you will need to make a final rent payment covering the days until the handover date on the form. Giving a Notice of Intention to Leave (Form 13) does not automatically end your commitments to the agreement – you may still have to pay rent until a new tenant is found or until the end of the agreement. If you are unsure about your commitments at the end of your tenancy, you should contact the RTA or the relevant service listed on the back of this booklet.
What cleaning do I need to do?
Once you’ve moved all your things out, it’s your responsibility to leave the premises, as far as possible, in the same condition as it was before you moved in (‘fair wear and tear’ excepted). You should also read the special terms in your tenancy agreement to see if there are any extra things you need to do before you move out of the premises.
What if I’ve signed special terms like carpet cleaning or pest control?
While the law doesn’t specifically mention carpet cleaning or pest control, you might find these requirements are included as special terms in your tenancy agreement.
If professional carpet cleaning or pest control are special terms in your tenancy agreement, the lessor/agent can’t make you use a specific company. If you have any concerns or a dispute about cleaning carpets and/or pest control, discuss your concerns with the lessor/agent or refer to the ‘Resolving disputes’ section.
What’s an Exit Condition Report (Form 14a)?
This is an important document which helps if there is a dispute over your bond or water charging for the premises. The Exit Condition Report (Form 14a) is similar to the Entry Condition Report (Form 1a), which you should have completed when you moved in. The Exit Condition Report (Form 14a) shows the condition of the premises when you leave and will be compared with the condition of the premises before you moved in (the Entry Condition Report – Form 1a).
When should I complete the Exit Condition Report (Form 14a)?
By handover day, you need to complete a copy of this report.
What do I need to include in the Exit Condition Report (Form 14a)?
On the form you will need to indicate whether items are clean, undamaged, and working. You can take photos or a video of the premises if you need to. You should also record the water meter reading on the form to help calculate your water consumption. Your report and any photos/videos you take are evidence of the condition of the premises after you have lived there.
What do I do when I’ve finished filling in the Exit Condition Report (Form 14a)?
If possible you should try to arrange a joint, final inspection. If you and the lessor/agent can’t find a suitable time, you must arrange to give a copy of the report to the lessor/agent as soon as possible (at the end of the agreement). You also need to arrange to return the keys to the lessor/agent. The lessor/agent is then responsible for completing their side of the report, signing it and returning a copy to you within 3 business days of receiving it. Keep your copy in a safe and handy place.
Moving out
How can I be contacted about the Exit Condition Report (Form 14a) and my bond refund?
For more information about rental bond refunds refer to the ‘Bond refund’ section.
When you move out, you must give your new address to the lessor/agent if they ask you in writing so they can send you a copy of the completed Exit Condition Report (Form 14a) and contact you about the rental bond if necessary. You can only withhold your new address from the lessor/agent if you have a good reason to do so. If you don’t have a good reason to withhold your new address, doing so could be an offence and you could be fined. In any case, you should provide the RTA with your forwarding contact details (they won’t pass these details on to the lessor/agent) – then you can still be contacted about the rental bond if necessary.
Can the lessor/agent hold an open house to re-let the property?
Where a lessor/agent wants to re-let the property, they can only hold an open house with the tenant’s agreement. Photos showing tenant possessions can only be used if the tenant agrees.
The Exit Condition Report (Form 14a) is an important document which helps if there is a dispute over your bond or water charging for the premises. Once you’ve moved all your things out and cleaned the premises, complete the report thoroughly and carefully before you leave. You should also record the water meter reading on the form to help calculate your water consumption. It’s proof of the condition of the premises after you have lived there and will be compared with the Entry Condition Report (Form 1a) which shows the condition of the premises before you lived there (‘fair wear and tear’ excepted). The lessor/agent is then responsible for completing their side of the report, signing it and returning a copy to you within 3 business days of receiving it. Keep your copy in a safe and handy place.
Abandoned premises
If the lessor/agent has good reason to believe you’ve abandoned the premises and they want to
enter to inspect it, there are rules they must follow.
Goods left behind
It is your responsibility to remove all of your things from the premises by handover day. However, if you leave anything behind, the lessor/agent must deal with it in a certain way.
Bond refunds
Getting a quick bond refund checklist
To make sure the bond is paid out in the quickest possible time you need to:
· make sure you have met all of your responsibilities for ending the tenancy (refer to the ‘Ending a tenancy’ section)
· talk to the lessor/agent (and/or other parties) and try to come to an agreement about how the bond will be paid out (if you can’t come to an agreement refer to the ‘What if we don’t agree about the bond refund?’ section)
· complete and sign a Refund of Rental Bond (Form 4). Make sure you, any other parties listed as contributors to the bond and the lessor/agent all sign the form
· make sure you complete your forwarding address or contact details on the Refund of Rental Bond (Form 4). Also provide these details to the lessor/agent and to the RTA so you can be contacted about the bond if necessary, and
· make sure you provide your bank details if you want your bond paid directly into your bank account
Who can claim the bond money?
Any person listed as a contributor to the bond or the lessor/agent can claim the bond money by posting a Refund of Rental Bond (Form 4) to the RTA.
When can a claim be made on the bond money?
An application for the bond money can be made on or after handover day, i.e. the date stated on the Notice of Intention to Leave (Form 13) or on the Notice to Leave (Form 12).
Bond money can also be paid out during a tenancy as long as you, any other contributors to the bond and the lessor/agent agree to it and sign the Refund of Rental Bond (Form 4).
What are the different ways the bond can be claimed?
There are two ways a rental bond can be claimed at the end of a tenancy:
1. all of the parties to the bond (for example, you, your co-tenants and the lessor/agent) come to
an agreement about how the bond will be paid out. All parties must complete and sign the Refund of Rental Bond (Form 4). This is the quickest way to get a bond refund.
2. one of the parties (for example the lessor/agent) makes a claim on the bond using a Refund of
Rental Bond (Form 4) without the signature or agreement of the other party/ies (refer to the
‘What if we don’t agree about the bond refund?’ section).
Make sure the Refund of Rental Bond (Form 4) has been completed correctly and you agree with how the bond is going to be paid out before you sign it. Never sign a blank form even if you have made a verbal agreement with the lessor/agent (or other party) about how the bond will be paid out.
What are the payment options when the bond money is getting refunded?
On the Refund of Rental Bond (Form 4) you should indicate how the refund is to be paid. Your bond money can be returned to you by:
· direct deposit – once the RTA has received and approved the form (signed by all parties), the refund is paid directly into your bank account the next day
· refund by cheque – once the RTA has received the form (signed by all parties), a cheque will be posted, or
