Residential Tenancy Contracts Rental Agreements

2010-06-03T21:08:00.001-07:00

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Queensland Qld Residential Rental Agreements

2010-03-03T18:49:00.000-08:00

Queensland Residential Tenancy Agreements

In Queensland General Residential Tenancies are subject to and governed by the Residential Tenancies Act 1994. The Residential Tenancies Authority (RTA) is an independent government organisation that administers the Act. The RTA also assists landlords and tenants to understand their legal rights and obligations under the Act.

The Act applies to both verbal and written agreements and covers most residential tenancies. However some leases are not covered under the Act. These include

agreements for premises that are part of an educational institution, hospital, nursing home or retirement village.
certain agreements under which the tenant is being supplied with temporary
refuge accommodation.
agreements under the Mobile Homes Act 1989.and
Holiday homes.
For a list of other exclusions one should consult the Residential Tenancies Act 1994.

Before the tenant moves into the rented premises or enters into a Residential Tenancy Agreement there are several documents that they must receive from the Landlord or the landlords agent. These include a written copy of the lease, a list of costs that they will need to pay when they sign the lease and a booklet calledRenting A Home. This booklet explains the rights and responsibilities of the tenant and those of the landlord. It is freely available from the Residential Tenancies Authority.

The tenant must be given time to read and understand the terms of the tenancy agreement before being asked to sign it.

Condition Report
At the beginning of the tenancy the landlord fills out and signs 3 copies of the condition report and gives two copies to the tenant. The tenant indicates agreement or disagreement with the condition suggested by the landlord or landlord’s agent by placing a tick or a comment in the correct space. If they believe the report does not represent the true condition of the premises, this is the time to sat so. The tenant must return one signed copy of the completed condition report to the landlord or landlord’s agent within (5) business days and keeps the second copy.

Bond
If the Landlord requires the tenant pay a bond, the maximum bond payable cannot be more than 4 weeks rent. Often the landlord may use different terminology like a key bond or a rental bond, whatever the case they cannot charge more than 4 weeks rent in total bonds if the rent is less than $500 per week. However if the weekly rent exceeds $500 per week there is no maximum bond limit. This means the tenant and the landlord can negotiate a bond that is acceptable to both parties. Landlords and their agents are required to lodge the bond with the RTA with the prescribed Bond lodgement form within 10 days of recieving it.

Rent in Advance
The tenant will usually be required to pay one month for a fixed term agreement and 2 weeks rent in advance for periodic agreements.

Terminating a Tenancy agreement
In the last 14 days of a fixed term agreement, either party can give 14 days notice to end the tenancy. Once the fixed term tenancy has ended Tenants are required to give at least 14 days notice and the Landlord must give at least 2 months notice.

Residential Tenancy kits for QLD are available from RP Emery and Associates as a downloadable MS word document. Unlike a hardcopy agreement the MS word document can be used time and again and it also allows a certain amount of flexibility to edit as you see fit. For more information consult the RTA or Residential Tenancies Act 1994.

Queensland Residential Tenancy Agreement Available for Immediate Download Only $39.95 More Information Click Here

Australian Capital Territory ACT Residential Rental Agreements

2010-03-03T18:47:00.000-08:00

Residential Tenancy Rental Agreements Australian Capital Territory

Act Residential Tenancies are subject to and governed by the Residential Tenancies Act 1997. A number of amendments have been made since the act came into force on 26th May 1998, these include the Residential Tenancies Amendment Act 2004 and the Residential Tenancies Amendment Act 2006.

The act applies to both verbal and written agreements. It covers all people in residential tenancies where the property owner has entered into an agreement with one or more persons to occupy the premises in exchange for rent. The act also recognises that an agreement has been entered into if the property is either a house, a unit, a flat or a room, or the the tenant has a right to occupy the property for use as a home.

One should be aware that the residential tenancies act does not apply to all tenancies. For example the act does not apply to people who live in a retirement village, a nursing home or a hostel for disabled or elderly persons.

There are also situations where residential tenancy agreements are not covered by the Act. These include agreements made for holiday homes and those that have been made as part of the sale or purchase of a property. Agreements made where the tenant has a controlling interest in a company that owns the property are also exempt.

Before the tenant moves into the rented premises or enters into an ACT Residential Tenancy Agreement there are several documents that they must receive from the Landlord or the landlords agent. These include a written copy of the lease, a list of costs that they will need to pay when they sign the lease and an Information handbook called The Renting Book . This booklet is a guide to the rights and responsibilities of the tenant and those of the landlord. Copies of the booklet are freely available from the Australian Capital Territory Office of Fair Trading.

The tenant must be given time to read and understand the terms of the tenancy agreement and the condition report before being asked to sign it. They are also entitled to seek appropriate legal advice if necessary.

The Tenancy Agreement
The lease or residential tenancy agreement is a binding contract between the landlord and the tenant. The residential tenancy agreement is made up in two parts, the first part defines the rights and obligations of the parties as prescribed under the act and the second part is the property condition report. The landlord or the Landlords agent must give the tenant a signed copy of the tenancy agreement within 21 days of the agreement being executed by the parties.

Bond
If the Landlord requires that the tenant pay a bond, the bond payable cannot be more than 4 weeks rent and the landlord may only accept or require one bond in relation to a residential tenancy agreement. Private landlords (not agents) are required to lodge the bond with the Office of Rental Bonds with the prescribed Bond lodgement form within two (2) weeks.

Rent in Advance
The tenant may be required pay a maximum of one months rent in advance from the first day of the tenancy. This is negotiale and at the landlords option.

Terminating a Tenancy agreement
Terminating tenancy agreements must be done in a fashion compliant with the Residential tenancies act of 1997.

It is most important that when a tenant or landlord or agent attempts to end the tenancy agreement that it is done in such a way that it is consistent and legal under the Act. There are three main ways to end a tenancy agreement, including:
• agreement of all parties to end the tenancy early, or
• a landlord or agent gives a ‘Notice to Vacate’ to the tenant, or
• a tenant gives notice to the landlord or agent that they intend to vacate.
• In some cases the Residential Tenancies Tribunal may make an order to terminate an agreement.

Residential Tenancy kits for The Australian Capital Territory are available from your local newsagent in printed format or from RP Emery and Associates as a downloadable MS word document. Unlike a hardcopy agreement the MS word document can be used time and again and it also allows a certain amount of flexibility to edit as you see fit.

For more information consult the Residential Tenancies Act 1997or contact the Office of Fair Trading

Australian Capital Territory Residential Tenancy Agreement Available for Immediate Download Only $39.95 More Information Click Here

Western Australia WA Residential Rental Agreements

2010-03-03T18:46:00.000-08:00

Western Australia Residential Tenancies

In WA Residential Tenancies are subject to and governed by the Residential Tenancies Regulations 1989 and Residential Tenancies Act 1987. The Act regulates the rights and responsibilities of tenants and landlords in Western Australia and came into effect on the 21st of January 1988. The Act applies to any residential tenancy agreement entered into, renewed, extended, assigned or otherwise transferred after the act commenced with some exemptions, these include :

tenants whose principle place of residence is a residential park, within the meaning of the Residential Parks (Long-stay Tenants) Act 2006 .
those living in hotels and motels
holiday homes and
aged care facilities including hospitals and nursing homes.

For a list of other exclusions one should consult sect 5 of the Residential Tenancies Act 1987

The Act does cover permanent residents of caravan parks and park home residents who have entered into or renewed a fixed-term long-stay tenancy agreement prior to 3 August 2007. The new Residential Parks (Long-stay Tenants) Act 2006 will cover residents of caravan parks and park home residents who commence on long-stay tenancy agreements after 3 August 2007.

Before the tenant moves into the rented premises or enters into a Residential Tenancy Agreement the agent or landlord must provide the tenant with a copy of Schedule 2 from the Residential Tenancies Regulations 1989. This information sheet summarises the main provisions of the Act and Regulations, that relate to the tenant’s and landlord’s obligations. Furthermore the tenant must receive a written copy of the tenancy agreement when it is signed. And a further copy after it has been signed by both parties within 21 days of the date the agreement was first executed by the tenant.

The Tenancy Agreement
The lease or residential tenancy agreement is binding contract between the landlord and the tenant. The residential tenancy rental agreement is best made up in two parts . The first part defines the rights and obligations of the parties as prescribed under the act and the second part is the property condition report. The tenant must be given time to read and understand the terms of the tenancy agreement before being asked to sign it.

Condition Report
Unlike most other states condition reports are not compulsorily require under the Act, although it's strongly recommended using them. At the beginning of the tenancy the landlord fills out and signs 3 copies of the condition report and gives two copies to the tenant. The tenant indicates agreement or disagreement with the condition suggested by the landlord or landlord’s agent by placing a tick or a comment in the correct space. If either party believe the report does not represent the true condition of the premises, this is the time to sat so. The tenant must return one signed copy of the completed condition report to the landlord or landlord’s agent within (5) business days and keeps the second copy.

Bond
The maximum bond cannot be any more than 4 weeks rent. However in the event that the tenant intends to keep a cat or a dog on the premises the landlord may include an additional $100 to meet the cost of any fumigation of the premises that may be required on the termination of the tenancy. If the rent per week is more than $500 the tenant and the landlord may negotiate an agreeable bond.

Rent in Advance
The tenant will usually be required to pay 2 weeks rent in advance from the first day of the tenancy. Under the Act a tenant cannot be required to pay anymore than 2 weeks rent in advance and penalties apply.

Terminating a WA Tenancy agreement
Unless the landlord has breached the terms of the fixed term agreement the tenant is committed to honour their obligations for the duration of the term. Once the fixed term tenancy has ended Tenants are required to give at least 21 days notice and the Landlord must give at least 60 Days notice.

Residential Tenancy kits for Western Australia are available from your local newsagent in printed format or from RP Emery and Associates as a downloadable MS word document. Unlike hardcopy agreements the MS word documents can be used time and again and it also allows a certain amount of flexibility to edit as you see fit.

For more information consult the Residential Tenancies Act 1997 or contact The Department of Consumer and Employment Protection

Western Australia Residential Tenancy Agreement Available for Immediate Download Only $39.95 More Information Click Here

South Australia SA Residential Rental Agreements

2010-03-03T18:45:00.000-08:00

South Australia Residential Tenancies

In SA Residential Tenancies are subject to and governed by the Residential Tenancies Act 1995 and Regulations. The Act regulates the rights and responsibilities of tenants and landlords in South Australia and came into effect on the 10th of August 1995. The Act applies to any residential tenancy agreement entered into, renewed, extended, assigned or otherwise transferred after the act commenced with some exemptions,
these include :

tenants whose principle place of residence is a residential park, within the meaning of the Residential Parks Act 2007 .
those living in hotels and motels, educational institution.
club premises
holiday homes and
aged care facilities including hospitals and nursing homes or a retirement village within the meaning of the Retirement Villages Act 1987

For a comprehensive list of other exclusions one should consult sect 5 of the Residential Tenancies Act 1995

Before the tenant moves into the rented premises or enters into a Residential Tenancy Agreement the agent or landlord must provide the tenant with a copy of an information brochure on Residential Tenancies Act 1995 and Regulations. This Information Brochure summarises the main provisions of the Act and Regulations, that relate to the tenant’s and landlord’s obligations. Furthermore the tenant must receive a written copy of the tenancy agreement when it is signed. If the document has not been signed by the landlord the tenant must receive an executed copy signed by both parties within 21 after the tenant gives the document back to the landlord to complete it’s execution.

The Tenancy Agreement
The lease or residential tenancy agreement is binding contract between the landlord and the tenant. The residential tenancy agreement is best made up in two parts . The first part defines the rights and obligations of the parties as prescribed under the act and the second part is the property condition report. The tenant must be given time to read and understand the terms of the tenancy agreement before being asked to sign it.

Inspection Reports
At the beginning of the tenancy the landlord fills out and signs 3 copies of the condition report and gives two copies to the tenant. The tenant indicates agreement or disagreement with the condition suggested by the landlord or landlord’s agent by placing a tick or a comment in the correct space. If either party believe the report does not represent the true condition of the premises, this is the time to sat so. The tenant must return one signed copy of the completed condition report to the landlord or landlord’s agent within (5) business days and keeps the second copy.

Security Bond
The maximum security bond cannot be any more than 4 weeks rent if the weekly rent is $250 or less. However if the rent is over $250 per week the landlord can ask for the equivalent of 6 weeks rent as a security bond. All security bonds must be paid into the Residential Tenancies Fund using the Bond Lodgement form supplied by the Office of Consumer and Business Affairs within seven days of receipt.

Rent in Advance
The tenant will usually be required to pay 2 weeks rent in advance from the first day of the tenancy. Under the Act a tenant cannot be required to pay any more than the bond and 2 weeks rent in advance at the start of the tenancy.

Terminating a Tenancy agreement
Unless the landlord has breached the terms of the fixed term agreement the tenant is committed to honour their obligations for the duration of the term. Once the fixed term tenancy has ended Tenants are required to give at least 21 days notice and the Landlord must give at least 60 Days notice.

Residential Tenancy kits for South Australia are available from your local newsagent in printed format or from RP Emery and Associates as a downloadable MS word document. Unlike hardcopy agreements the MS word documents can be used time and again and it also allows a certain amount of flexibility to edit as you see fit.

For more information consult the Residential Tenancies Act 1995 or contact The Department of Consumer and Employment Protection

South Australia Residential Tenancy Agreement Available for Immediate Download Only $39.95 More Information Click Here

Tasmania Residential Rental Agreements

2010-03-03T18:43:00.001-08:00

Tasmanian Residential Tenancies

In Tasmania Residential Tenancies are subject to and governed by the Residential Tenancies Act 1997 and Residential Tenancies Regulations 1998. The Act regulates the rights and responsibilities of tenants and landlords in Tasmania and came into effect on the 1st of July 1997. The Act applies to any residential tenancy agreement entered into, renewed, extended, assigned or otherwise transferred after 1st July 1997 with some exemptions, these include :

Some boarding premises if the agreement was entered into before the commencement of the Residential Tenancies Amendment (Boarding Premises) Act 2003.
those living in hotels and motels that are not considered boarding premises.
educational institutions like a school or a college
holiday homes and
aged care facilities including hospitals and nursing homes.

For a list of other exclusions one should consult sect 6 of the Residential Tenancies Act 1997

The Act does cover permanent residents of caravan parks and park home residents Where a caravan or cabin is rented out as a person’s principal place of residence,

Before the tenant moves into the rented premises or enters into a Residential Tenancy Agreement the agent or landlord is required provide the tenant with a copy of an information booklet if the agreement is Verbal or partly verbal. The booklet “Renting In Tasmania” explains the rights and responsibilities of the tenant and those of the landlord. It is freely available free from the Tasmanian Office of Consumer Affairs and Fair Trading.

The Tenancy Agreement
A tenancy agreement between a property owner and a tenant may be in writing or it may be a verbal agreement, however it is strongly recommended the agreement be in writing. Whether stated or not in the agreement, the provisions of the Residential Tenancy Act form part of the agreement.

The lease or residential tenancy agreement is binding contract between the landlord and the tenant. The residential tenancy agreement is best made up in two parts. The first part defines the rights and obligations of the parties as prescribed under the act and the second part is the property condition report. The tenant must be given time to read and understand the terms of the tenancy agreement before being asked to sign it.

Condition Report
Unlike most other states condition reports are only required under the Act if the landlord requires a security deposit. At the beginning of the tenancy the landlord fills out and signs 3 copies of the condition report and gives two copies to the tenant. The tenant indicates agreement or disagreement with the condition suggested by the landlord or landlord’s agent by placing a tick or a comment in the correct space. If either party believe the report does not represent the true condition of the premises, this is the time to say so. The tenant must return one signed copy of the completed condition report to the landlord or landlord’s agent within (2) days and keeps the second copy.

Security Deposit
If the Landlord requires the tenant pay a Security deposit, the maximum deposit payable cannot be more than 4 weeks rent. Often the landlord may use different terminology like a key bond or a rental bond, whatever the case they cannot charge more than 4 weeks rent in total bonds.

Rent in Advance
The tenant will usually be required to pay 1 payment period rent in advance from the first day of the tenancy. Under the Act a tenant cannot be required to pay any more than 1 payment period rent in advance and penalties apply.

Terminating a Tenancy agreement
Agreement of no fixed term.
If the agreement does not have an end date it is an agreement of no fixed term. The tenant may provide a ‘notice to terminate’ giving the owner at least 14 days notice that they wish to end the no fixed term agreement.

Fixed term agreements.
Unless the landlord has breached the terms of the fixed term agreement the tenant is committed to honour their obligations for the duration of the term. Once the fixed term tenancy has ended Tenants are not required to give notice if they intend to leave the premises. The Landlord however may give at least 28 Days notice before the expiry of a fixed term agreement and at least 28 days notice if the agreement is for no fixed term.

If the tenant breaks the tenancy agreement early the Landlord may claim compensation for any loss suffered, including maintenance expenses on the property until the landlord finds a new tenant or the original tenancy period expires. Of course a fixed term agreement may also be ended if the parties agreed in writing.

Residential Tenancy kits for Tasmania are available from your local newsagent in printed format or from RP Emery and Associates as a downloadable MS word document. Unlike a hardcopy agreements the MS word documents can be used time and again and it also allows a certain amount of flexibility to edit as you see fit.
For more information consult the Residential Tenancies Act 1997 or contact The Office of Consumer Affairs and Fair Trading

Here are some forms available. just click for free download.

Renting In Tasmania Guide

Residential Tenancy Act 1997

Bond Lodgement Form

Bond Claim Form

Tenant Transfer Form

Property Owner/Agent Transfer Form

Applicaton for Determination of Security Deposit Dispute

Disputes over the return of a security deposit are dealt with by the Residential Tenancy Commissioner

Tasmania Residential Tenancy Agreement Available for Immediate Download Only $39.95 More Information Click Here

Victoria Residential Rental Agreements

2010-03-03T18:42:00.000-08:00

Victoria Residential Tenancies

In Victoria Residential Tenancies are subject to and governed by the Residential Tenancies Act 1997.
The act applies to both verbal and written agreements and covers most residential tenancies if the rented premises are used primarily for residential purposes. However some tenancies are not covered under the Act. These include tenancies where the fixed term of the agreement is less than 60 days or more than 5 years or immediately before the agreement was entered into, the rented premises were the landlord's principal place of residence. There are other situations where the act does not apply and these can be found in the Residential Tenancies Act 1997

Unlike some states the landlord or the landlord’s agent is permitted to accept a deposit from a prospective tenant. However if an agreement is not signed within 14 days the deposit must be refunded.

Before the tenant moves into the rented premises or enters into a Victorian Residential Tenancy Agreement there are several documents that they must receive from the Landlord or the landlords agent. These include a written copy of the lease, a list of costs that they will need to pay when they sign the lease and a booklet called Renting a Home. This booklet explains the rights and responsibilities of the tenant and those of the landlord and it is available free from the Victorian Office of Consumer Affairs.

The Tenancy Agreement
The lease or residential tenancy agreement is binding contract between the landlord and the tenant. The residential tenancy agreement is made up in two parts. The first part defines the rights and obligations of the parties as prescribed under the act and the second part is the property condition report. The land lord or the Landlords agent must give the tenant a signed copy of the tenancy agreement within 14 days of the agreement being executed by the parties.

Bond
The bond payable by the tenant cannot be more than one months rent if the weekly rental is $350 or less. Higher bonds are possible although the Land lord or agent must apply to the Victorian Civil and Administrative Tribunal (VCAT) to justify such. The Bond may also be higher without the tribunals approval if the rent is more than $350.00pw.

Rent in Advance
The tenant will usually be required to pay 2 weeks rent in advance from the first day of the tenancy if the weekly rent is $350 or less. If rental frequency is not weekly and the rent is more than $350 up to one calendar month in advance is acceptable.

Terminating a Tenancy agreement
Terminating tenancy agreements must be done in a fashion compliant with the Act
It is most important that when a tenant or landlord or agent attempts to end the tenancy agreement that it is done in such a way that it is consistent and legal under the act. There are three main ways to end a tenancy agreement, including:

• agreement of all parties to end the tenancy early, or
• a landlord or agent gives a ‘Notice to Vacate’ to the tenant, or
• a tenant gives notice to the landlord or agent that they intend to vacate. In cases of severe hardship, VCAT can end a fixed-term tenancy early.

Residential Tenancy kits for VICTORIA are available from your local newsagent in printed format or from RP Emery and Associates as a downloadable MS word document. Unlike a hardcopy agreement the MS word document can be used time and again and it also allows a certain amount of flexibility to edit as you see fit.

For more information consult the Residential Tenancies Act 1997 or contact Consumer Affairs Victoria.

Victoria Residential Tenancy Agreement Available for Immediate Download Only $39.95 More Information Click Here

New South Wales NSW Residential Rental Agreements

2010-03-03T18:41:00.000-08:00

New South Wales Residential Tenancy Rental Agreements

Renting laws in NSW are changing

The Residential Tenancies Act 2010 was passed by Parliament in June 2010. The Act and its associated Regulation will commence on 31 January 2011. Until then, the existing laws continue to apply.
Go Here For a current and up to date 2011 Rental Agreement for NSW

Main objectives

The Act aims to:

fairly balance the rights and obligations of tenants and landlords
modernise and update the law in line with current practices
reduce the level of disputes, by providing greater clarity and certainty in the legislation.

NSW Fair Trading has examined the tenancy laws in place in other States and Territories to identify best practice approaches that have been successful elsewhere, and these have been adopted in the Act in a range of different areas.

Key changes
The new laws will deliver important protection for tenants and landlords when they commence on 31 January 2011. Some of the key improvements are as follows;

Tenants get more time to move out
If a tenant is no longer under a fixed term agreement and the landlord wants the tenant to move out ‘without grounds’, the notice period increases from 60 to 90 days. If notice is given by a landlord just before the end of the lease, the notice period increases from 14 to 30 days.

Certainty for landlords
If a tenant no longer on a lease does not move out after being given a ‘no grounds’ notice to vacate, the Consumer, Trader and Tenancy Tribunal must terminate the agreement and return possession of the property to the landlord. The only exception to this is if the tenant can show that the notice was retaliatory.

Mechanism to save tenancies
If a tenant catches up on overdue rent, or follows a repayment plan agreed with the landlord, termination action will be cancelled. This will not apply if the tenant is shown to have frequently failed to pay their rent on time.

Faster rent arrears eviction process
Landlords will be able to cut 2 weeks from the eviction process by applying to the Tribunal for orders at the same time as giving a termination notice to the tenant.

Alterations
A tenant will still need their landlord’s written approval if they want to make a minor change to the premises, such as installing child safety locks on windows. Landlords will need to be reasonable, but will be able to say no if the tenant wants to paint the premises, make structural changes or do something that would be difficult to remove.

Rental bonds
The maximum amount of rental bond that can be charged will be 4 weeks rent, regardless of whether or not the place is furnished. Landlords will not be allowed to request or receive any bond ‘top–ups’ during the course of a tenancy. The time period for landlords and agents to lodge bonds has been extended.

New process for goods left behind
Procedures for landlords and agents dealing with goods left behind when a tenant vacates have been streamlined. Rubbish and perishable items will be able to be disposed of immediately.

Fee–free rent payments
Under the new law, every tenant must be given at least one fee–free way to pay their rent. At the same time, tenants will be required to pay the landlord’s costs if a cheque for rent bounces or if a direct debit payment is dishonoured.

Water efficiency
Rented premises must be water efficient if tenants of separately metered premises are to pay for water usage.

Letterbox service of notices
There will be an additional option for serving notices – by hand delivery to a person’s letterbox.

Holding fees
Holding fees will only be able to be charged once a tenancy application has been approved. If the tenant pulls out after paying a holding fee they will lose the whole fee rather than a pro–rata amount.

Improved disclosure
Before a lease is signed, prospective tenants will be required to be told certain things, such as if the landlord has drawn up a contract to sell the property or if a bank or other lender has started court action to recover possession of the premises.

Optional lease ‘break fee’
Landlords will have the option of including a fixed penalty in the lease (a break fee), in the event that a tenant breaks a lease before the end of the fixed term period. Where there is no such penalty in the lease, the tenant will still be liable to compensate the landlord for any loss.

Additional grounds for eviction
Landlords will be able to apply to the Tribunal to end a tenancy if the tenant uses the premises for an illegal purpose or if they threaten, abuse, intimidate or harass the landlord or agent.

Breaking a lease early
Tenants will be able to end a fixed–term lease in certain situations, such as when they accept an offer of public housing or need to move to a nursing home.

Sale of rented premises
Selling agents must make reasonable efforts to agree with tenants on the days and times the premises will be available for inspection. Two inspection periods each week will be allowed, and the parties can negotiate if more access is required.

Sub–letting
If a tenant wants to sub–let part of the premises or bring in an extra co–tenant, they will still need the landlord’s written approval first and landlords will need to be reasonable when considering such requests. It will be reasonable to refuse if the person is listed on a tenancy database or if an extra person would result in overcrowding.

Rights of co–tenants
Some disputes between co–tenants in shared households will be able to be taken to the Tribunal. Once a fixed–term lease ends, a co–tenant can give 21 days notice to end their contract with the landlord. This will bring an end to their liability for future rent, damage etc.

Domestic violence
Victims of domestic violence living in a rented property will have the right to change the locks and seek to take over the tenancy if their name is not already on the lease.

Go Here For a current and up to date 2011 Rental Contract for NSW

Before the tenant moves into the rented premises or enters into a Residential Tenancy Agreement there are several documents that they must receive from the Landlord or the landlords agent. These include a written copy of the lease, a list of costs that they will need to pay when they sign the lease and a booklet called The Renting Guide. This booklet explains the rights and responsibilities of the tenant and those of the landlord. It is available free from the NSW Office of Fair Trading.

The Tenancy Agreement
The lease or residential tenancy agreement is binding contract between the landlord and the tenant. The residential tenancy agreement is made up in two parts . The first part defines the rights and obligations of the parties as prescribed under the act and the second part is the property condition report. The tenant must be given time to read and understand the terms of the tenancy agreement before being asked to sign it.

Bond
For unfurnished premises the maximum bond is 4 weeks rent, 6 weeks rent for fully furnished premises with a rent of $250 or less per week. Unlimited for fully furnished premises for rent more than $250 per week.

Rent in Advance
The tenant will usually be required to pay 2 weeks rent in advance from the first day of the tenancy if the weekly rent is $300 or less. If the weekly rent is more than $300 upto one calendar month in advance is acceptable.

Terminating a Tenancy agreement
In the last 14 days of a fixed term agreement, either party can give 14 days notice to end the tenancy. Once the fixed term tenancy has ended Tenants are required to give at least 21 days notice and the Landlord must give at least 60 Days notice.

If the tenant breaks the tenancy agreement early the Landlord may claim compensation for any loss suffered, including costs incurred to find a new tenant.

Residential Tenancy kits for NSW are available from your local newsagent in printed format or from RP Emery and Associates as a downloadable MS word document. Unlike a hardcopy agreement the MS word document can be used time and again and it also allows a certain amount of flexibility to edit as you see fit.

NSW Residential Tenancy Agreement Available for Immediate Download Only $39.95 More Information Click Here

Commercial, Retail and Residential Rental Agreements

2010-03-01T20:53:00.000-08:00

AUSTRALIAN RESIDENTIAL TENANCY LEASE AGREEMENT and COMMERCIAL PROPERTY LEASE AGREEMENTS

R.P. Emery & Associates produce up-to-date Australian Residential Tenancy Lease Agreement and Commercial Property Lease Agreement templates to suit the needs of the professional property manager or investor.

Each lease agreement template has been drafted to comply with the Residential Tenancies Act that applies in each state.

A solid real estate lease, rental or tenancy agreement can protect your investment by defining your relationship with your tenants and shielding you from potential liability. In fact, a well-crafted rental agreement should be the foundation for the continuing relationship between you and your tenant.

Our professional documents which include easy to follow instructions, give you the confidence that your investment is protected and your tenant treated fairly.

Your rental agreement is available now for immediate download as a Microsoft Word or PDF template and you can use the templates as often as you like. Simply insert the relevant details in each field of the form tabbing to the next . Its that easy Now print your professional tenancy lease agreement.

Select the state you require for residential rental agreements.

New South Wales Residential Tenancy Agreement

Victoria Residential Tenancy Agreement

Tasmania Residential Tenancy Agreement

Queensland General Tenancy Agreement

South Australia Residential Tenancy Agreement

Western Australia Residential Tenancy Agreement

Northern Territory Residential Tenancy Agreement

Australian Capital Territory Residential Tenancy Agreement