Tenants Rights Law in Australia
Finding the right home can be stressful. The process of going to inspections, filling out applications and making offers can been exhausting, but once done, you will have a home. However, before signing the final papers, read up on your rights as an Australian tenant and make sure your landlord or agent complies with existing laws and regulations.
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Moving In
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Before signing anything, the landlord must give you a copy of the state renting guide so you are familiar with your rights as a tenant. He must also prepare the lease contract and a condition report. You need to review the condition report, noting existing fixtures and damage to the property, and return a copy to the landlord. This minimizes disputes about damages that are not your responsibility.
At the beginning of your tenancy, you need to pay a minimum advance rent of between one to four weeks, depending on the state regulations. You also need to pay for bond, which is the amount of money the landlord retains until the end of your tenancy in case you cause damage to his property, and amounts to between four to six weeks of rent money. The landlord has to deposit rental bond money with the appropriate authority, a receipt for which you should receive.
Every time you pay the landlord or agent, request for receipts if you're not paying by bank transfer. You never have to pay for council rates, land taxes, sewerage and water service charges; they are the landlord's responsibility. The premises should be reasonably clean and smoke alarms should be working.
Inspections
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As a tenant, you have a legal right to privacy and the quiet enjoyment of your home. You can give permission or refuse access to the premises to anyone including your landlord and his agent, except where your lease or the law requires you to allow them entry. The landlord or agent must give sufficient notice to request entry at a reasonable hour. They are not allowed to drop in unannounced and disturb your peace, comfort or privacy except during emergencies.
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Repairs
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The landlord must pay for maintenance and repairs of the premises unless the damage was your responsibility. For emergency repairs such as a gas leak or a burst water service, the landlord must organize repairs as soon as possible. If repairs have not been carried out within a reasonable time frame, the tenant can arrange repairs at the lessor's expense as long as the cost does not exceed two weeks' rent. The appropriate time frame within which the landlord must react depends on the degree of damage; contact your state tenancy authority for advice if you think your landlord has exceeded a reasonable time and has not repaired the damage.
Rent Increases
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Landlords must give ample notice before a rental increase, which can be anywhere between 30 to 60 days depending on the state. The amount or method of calculating the increase has to be specified in the tenancy agreement in all states except for Australian Capital Territory. Some states require a minimum amount of time to have passed before the last rental increase before imposing another.
Moving Out
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If you or the landlord wants to end the tenancy, a notice needs to be given within a particular time frame that differs from state to state. The length of time needed depends also on whether the fixed period of agreement has passed, and can range between 14 to 90 days.
At the end of the tenancy, you need to hand over the keys to your landlord or agent, agree on the amount of bond that you're entitled to claim back and apply for a claim with the appropriate government body.
After the end of a tenancy, both landlords and tenants may still seek compensation from each other on matters such as tenants remaining in possession, late termination notice and tenants moving out before the end of the fixed term agreement.
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References
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