Tenant Rights and Responsibilities in Qld

Are you looking for information on tenant rights and responsibilities in Qld

Are you a renter or landlord in Queensland, or do you wish to begin a tenancy in the near future?

If so, it is important that you are aware of both the rights and responsibilities you will have as either a tenant or a landlord.

The Residential Tenancies and Accommodation Act 2008 states the official laws of renting and how and when they apply.

This article will inform you of your personal obligations and rights of a matter regarding a tenancy and how these factors apply to your personal life.

Be referred to the best property lawyers on the Sunshine Coast

Tenant Rights – Starting a Tenancy

Are you looking to begin a tenancy? If so, there are various recommendations to ensure all expectations are clear that you should consider before agreeing to or signing anything!

When leasing land in Queensland, it is wise to establish written documentation between yourself and your landlord of the rights and obligations of each party within the tenancy.

This may take some negotiation to allow the needs and desires of each party to be evenly fulfilled.

It is recommended to undergo this process as issues with the tenancy may be easier resolved without litigation as there is a clear document that states the original agreements of the tenancy and not just a “he-said-she-said” scenario.

Furthermore, if your matter does end up in court for any reason you have clear evidence of the agreed-upon terms of the tenancy.

A condition report should also be given to the tenant prior to their occupation of the property.

This report should state the physical condition of the property and any damages known to the landlord.

This report should then be filled out by the tenant and returned to the landlord.

Tenant Rights in Relation to Bond

A rental bond is a form of security deposit that you as a tenant will be required to give to your landlord at the beginning of your lease.

This deposit will generally be returned to the tenant upon ending their rental period unless costly damages have been made to the property during their tenancy.

Even in these circumstances, part of your deposit may be returned unless the damages cost the full amount of the deposit paid. Once paid to the landlord, Queensland laws require them to lodge the payment with the Residential Tenancies Authority (RTA), which can be done using the RTA’s Online Bond Lodgement service.

Once the lodging is complete, the tenant will a notice from the RTA stating that their bond has been received.

Laws in Queensland regarding bonds do state that where the rent is less than $700 per week, the bond cannot exceed the equivalent of a month’s rental payments.

Late Payment of Rent

Once you have moved into your rental property, or your rental period has begun, you will be required, of course, to pay rent to continue to live there.

The agreement signed by yourself by your landlord will state the terms and dates of rent payments each month, and it is your responsibility to ensure these payments are made on time.

You must also consider delays in the bank transfer, as it remains your responsibility to make the payment on time up until the payment has been received by the landlord.

Consistent late or unpaid payments of rent can result in serious consequences, such as litigation, letters of demand, or eviction.

Be referred to the best property lawyers on the Sunshine Coast

Landlord Entry to Property

Most tenants do not want their landlord visiting their property.

After all, while I’m renting and paying for this property I should have the right to peaceful living, right?

Well, did you know that there are regulations in place for the entry to the property of a landlord for just that reason?

The tenant has the right, protected by Queensland law, to have peaceful or quiet inhabitancy of the property during their rental period.

This right must be respected by landlords, who are only allowed to visit the property if sufficient notice is given or, of course, if invited.

The landlord may conduct an inspection of the property every three months. This inspection must be notified to the tenant at least 7 days before its commencement.

If the landlord deems it appropriate to visit the property for urgent reasons, such as checking that rental breaches have been resolved or repairing part of the property, a minimum of 24 hours of notice must be given.

Some exceptions to these notification rules are in place, however, such as the rule that no notice is required if the landlord has sufficient reason to believe the damage to the property is going to occur or, again, if the tenant allows visitation.

Tenant Rights Relating to Changing Tenants

So, you wish to move out of your rental property prior to the end of your lease?

In this circumstance, the landlord does have rights that you must abide by unless otherwise is agreed on between the two parties.

Moving out of your rental property early may come with some negative implications that you must be prepared to deal with ahead of any action.

For starters, you remain under the lease, meaning that you are still responsible for the upkeeping of the property, any damages that occur to it while not living there and paying rent on each agreed-upon date.

If you are moving out into another rental, this may be particularly difficult as you will now be responsible for the general maintenance and cost of not one, but two properties.

You should also inform the landlord of your wishes as soon as possible in order to get your name removed from the lease.

If you wish to replace your tenancy with another tenant, you must acquire the written permission of the landlord before doing so.

Tenant Rights – Increase of Rent

Are you a landlord looking to increase the rent on your property?

Renting the property may be your main form of income, and the ever-increasing expenses of daily life or the running and upkeeping of the property, meaning an occasional increase may be necessary.

Once a rental rate is agreed upon, there is a process you will be required to undertake if you wish to increase it.

Increasing the rent is no easy task and, as a tenant or landlord, there are rights and responsibilities that you will have throughout this process.

For starters, you will only be permitted to increase the rent on the property if a condition is in place from the start of the tenancy that allows you to do so.

Be referred to the best property lawyers on the Sunshine Coast