Tenants

10 Frequently Asked Questions by Tenants:

1. What are my responsibilities under the tenancy agreement?

You must ensure that you pay the rent on time and in the way written in the agreement. Abide by the terms of your agreement and any body corporate by-laws that apply. Tell the lessor or agent if you damage the premises accidently or otherwise and follow the rules set out in the Residential Tenancies and Rooming Accommodation Act 2008.
 

2. What is the Residential Tenancies Authority (RTA)?

The RTA administers the Act and is an independent and impartial government organization that assists tenants, lessors and agents. They provide information about your rights and responsibilities, manage bond deposits and refunds, provide a dispute resolution service and investigate complaints made about tenants, lessors or agents that may have breached the Act.
 

3. When should I complete an Entry Condition Report (Form 1a)?

It’s best to complete the report before or on the day that you move in so you can see and record the condition of the premises before you move your furniture and personal items in. You have 3 days after the day you move in to complete the report. Refer to the front page of the report for more information.
 

4. What if I want to share with other people?

You have a responsibility to notify the lessor/agent if there are any changes to the occupants in the household. There are many different share home situations including: co-tenancies, subletting, boarding and lodging. If a bond is taken it must be lodged with the RTA and the relevant forms must be completed.
 

5. When can the lessor/agent visit my premises?

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 but not on Sundays, Public Holidays or between 6:00 p.m. and 8:00 a.m. on other days unless you both agree. If you have concerns about the entry time contact the lessor/agent immediately, however, if they have provided the correct notice according to the Act they have the right to enter the premises to conduct their lawful business. For details of the appropriate notice periods refer to the fact sheet at www.rta.qld.gov.au or call the RTA.
 

6. Can I put up picture hooks or make other changes to the property?

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 fixtures when you leave). If you want to remove the fittings you’ve added, you can only do so if you repair any damage caused by the removal of these fittings. In the case of picture hooks, the walls need to be reinstated to their original condition without picture hook holes or marks.
 

7. When can the rent be increased?

If the landlord/agent wishes to increase the rent it can’t be raised more than once every six months. During a fixed term agreement the rent cannot be increased unless a ‘special term’ states it can be increased, the amount of the increase or how the increase is to be worked out. The rent can be increase during a periodic agreement at any time provided the lessor/agent gives you at least 2 months notice in writing including the commencement date and the amount of the increase. 

8. What happens to my lease if the property is put up for sale?

If the lessor decides to sell the premises the lessor/agent must give you a Notice of Lessor’s Intention to Sell (Form 10) detailing how the lessor is planning to sell the premises. When the lessor/agent wishes to show the property to a prospective purchaser they must give you an Entry Notice (Form 9) with at least 24 hours notice before each entry. If you are on a fixed term agreement you can stay until the end of the agreement and the new owner will become the lessor. If you are on a periodic agreement and the new owner wants vacant possession the lessor/agent may issue you with a Notice to Leave (Form 12) with at least 4 weeks notice to vacate after the signing of the contract for sale.
 

9. What happens if I want to break my lease?

If you decide to leave during a fixed term agreement you must give the lessor/agent a Notice of Intention to Leave (Form13). You may be able to leave early if the lessor/agent agrees (preferably in writing) or your circumstances allow you to apply to the Tribunal for an order to end the agreement. The lessor/agent can require you to pay rent for the term of the agreement or until a new tenant starts paying rent (whichever is the sooner), the cost of advertising for new tenants, an agent’s letting fee and any other reasonable costs they may incur if you break the tenancy agreement.
 

10. Where can I find more information regarding my rights and responsibilities?

More information regarding your rights and responsibilities when renting premises in Queensland can be found in the following references:

• Renting a House or Unit in Queensland’ booklet (RTA)
• Residential Tenancies Authority web site: www.rta.qld.gov.au or phone 1300 366 311.
• The Residential Tenancies and Rooming Accommodation Act 2008.
   

Handy Tips When Ending a Tenancy & Moving

• Complete the Exit Condition Report
• Attend to any maintenance issues that may effect your bond refund
• Read the special conditions of your agreement for any requirements you may have forgotten about i.e. pest treatment (if you have pets), carpet cleaning etc.
• Organise a removalist well in advance
• Use professional cleaners if possible
• Check that you have all the keys issued to you at the beginning of the tenancy
• Don’t pack items that you may need during the transition between properties i.e. cleaning materials, tools, basic food items, Yellow Pages
• Label and number your packing boxes and keep a list of contents for easy access to essential items when unpacking
• Make sure you don’t pack the Entry Condition Report as you may need to refer to this during the final inspection with the lessor/agent
• Redirect your mail
• Contact your electricity provider
• Contact your telephone provider
• Change the address on your drivers license
• Notify the Electoral Roll of your new address
• Change your address and new property details with your insurance company
• Notify your bank of your new address
• Cancel previous rent payment arrangements
• Notify the kids school of the change of address and telephone number
• Cancel deliveries i.e. milk, newspaper etc.