Tenancy rules differ by state. Check the current requirements for the property before advertising it or signing a lease. Your property manager or solicitor can help with:
Comply with State Tenancy Laws: Each Australian state and territory has its own residential tenancy laws that govern rental agreements, tenant rights, and landlord obligations. For example, in New South Wales, Fair Trading NSW oversees tenancy matters, while in Victoria, it's Consumer Affairs Victoria. As a landlord, you need to be familiar with the specific laws in your state to avoid legal issues.
Provide a Safe and Habitable Property: You must ensure that the rental property is safe and habitable at all times. This includes ensuring that the property is structurally sound, has functioning plumbing and electricity, and meets basic safety standards (such as smoke detectors and electrical safety checks). Failure to provide a safe living environment could lead to legal claims, tenant disputes, or even personal injury liabilities.
Use a Compliant Lease Agreement: It's essential to use a compliant lease agreement when renting out your property. This written contract outlines the terms and conditions of the tenancy, including the rent amount, lease duration, rights, and responsibilities of both parties. The agreement should be in line with state-specific tenancy laws, and you should ensure it's signed by both parties before the tenancy begins.
Bonds: check the state's permitted amount, receipt and lodgement deadline. In Queensland the relevant authority is the Residential Tenancies Authority (RTA). Do not assume a bond is compulsory or that the same limit applies everywhere.
Entry records: provide the condition report and required tenancy information using the state's current forms and process. Keep evidence of delivery and the tenant's response.