Renting Properties Carry Rights & Obligations

Tenants and Landlords Should Have Written Agreements

Sep 14, 2009 Pauline Mascarenhas

When renting a residential flat or house it is prudent to put in place a written agreement covering the rights and responsibilities of both the tenant and the landlord.

In Australia most rental properties are leased through professional property managers. Each state has its own Real Estate Institute membership and produces a standard property lease document, which complies with the tenancy laws of that state, that can be accessed by their members. REIWA (Real Estate Institute of Western Australia) is specific to the state of Western Australia.

If a property is not being leased through professionals, then landlords and tenants should ensure that a written agreement is in place.

Items to be Covered by a Tenancy Agreement

A tenancy (or lease) agreement should clearly outline the rights of the tenants and the responsibilities of the landlord. It should also document the obligations of the tenants.

Rights of Tenants and Responsibilities of Landlords

Although the tenancy laws may vary from state to state, the basics covered will be:

  • The requirement for the tenant to have a copy of the signed agreement.
  • The provision of clean premises at the start of the lease.
  • Any bond money paid to be safely deposited in a trust account. A bond is a sum of money, usually a multiple of the weekly rent, paid by the tenant at the start of the lease. This money is held in trust to cover any repair or maintenance costs at the end of lease period. If the tenants have maintained the property to the same condition as at the start of the lease, the bond is refunded to the tenant.
  • The landlord to issue receipts for rental payments unless the rent is paid directly into a bank account.
  • Specified periods of notice to be given to the tenant for access to the property for repairs and/or maintenance unless the matter is urgent.
  • The landlord to attend to all repairs within a reasonable period of time. Tenants to pay for any repairs if the damage was caused by them.
  • Specified period of notice to be given for any rent increases or for vacating the premises prior to the end of the lease period.

Obligations of Tenants

Under the tenancy laws there are certain obligations on the part of the tenants. These include:

  • Not using the property for any illegal activity.
  • Paying the rent on time.
  • Maintaining the property to the standard set by the landlord.
  • Not making alterations to the premises without the written permission of the landlord.
  • Having written permission from the landlord to have additional persons living in the property.
  • Not disrupting the neighbours by way of excessive noise or other behaviour.
  • When the property is vacated, ensuring that it is in the same condition as when they moved in.
  • Giving the specified period of notice of vacation of the premises at the end of the lease.

Having a formal tenancy agreement, which clearly sets out the rights and responsibilities of the tenant and the landlord as well as the obligations of the tenant, lessens the chances of disputes arising between the tenant and the landlord.

The copyright of the article Renting Properties Carry Rights & Obligations in Consumer Education is owned by Pauline Mascarenhas. Permission to republish Renting Properties Carry Rights & Obligations in print or online must be granted by the author in writing.
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