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Tenant rights: a guide to every Australian state

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    Regardless of whether you're renting individually or through a property manager, it helps to familiarise yourself with your state's unique laws since while though many laws are the same or comparable no matter which state you're in, there are numerous distinctions.

    The four most notable variations across states are listed below.

    When your landlord requests that you leave

    Tenancy rules are seen differently in each state, so here is our state-by-state guide to what you need to know.

    The Australian Capital Territory

    If you have a fixed-term lease in the Australian Capital Territory, your landlord has no right to kick you out of the apartment unless you have seriously violated one of the terms of the lease agreement. If the lease is on a periodic basis, the landlord has the right to evict you with as little as four weeks' notice if they have breached the agreement in some way, or with 26 weeks' notice to determine whether or not they have breached the agreement.

    Queensland

    In the state of Queensland, if you are on a periodic lease, your landlord is required to provide you with at least two months' notice prior to terminating your tenure early. If you are on a lease that has a fixed duration, the landlord cannot evict you unless you have broken the terms of the agreement or both parties have mutually agreed to terminate the lease before its original length.

    New South Wales

    In the state of New South Wales, landlords are prohibited from terminating a fixed-term agreement ahead to its expiration date unless they can demonstrate that they have specific grounds to do so (for example, you have broken the agreement).

    If they wish to terminate the fixed agreement, they are required to give you notice at least thirty days before the agreement's expiration. On the other hand, if your lease is periodic and the fixed term has already expired, your landlord is required to give you a notice that is at least ninety days in advance. In the event that you breach the terms of your agreement in any way, your landlord is merely required to provide you with a 14-day notice.

    Victoria

    Victoria follows the lead of other states in prohibiting landlords from requiring renters to vacate a rental property prior to the expiration of a fixed-term lease, with the exception of situations in which the tenants have breached the terms of the agreement.

    After the end of the fixed term of your lease, if your lease is month-to-month, your landlord is required to give you at least a sixty-day notice and an explanation of the change (for example, they plan to sell the property or have their own family move in). In the event that they are unable to provide any indication, the notification period must be extended to 120 days.

    South Australia

    In South Australia, a landlord is required to provide a tenant with at least 60 days' notice if they intend to sell, destroy, or occupy the property during a periodic lease or after a fixed-term lease has ended. On the other hand, a landlord is only required to provide a tenant with at least 28 days' notice if they are being requested to vacate at the conclusion of a fixed-term lease. In either case, the tenant is required to comply with the notice requirements. In the event that they are unable to provide an explanation, the notification period must be at least ninety days long.

    Western Australia

    Landlords in Western Australia, if the property is going to be sold at the end of a fixed-term tenancy or during a periodic tenancy, are required to give tenants at least 30 days' notice before the end of the tenancy, and tenants are required to give landlords at least 60 days' notice if they want to terminate the tenancy for any reason.

    Tasmania

    If the property is going to be sold, transferred to another person, significantly renovated, or used for something other than a rental property in Tasmania, or if a member of the landlord's family is moving in, the landlord is required to give the tenant at least 42 days' notice to vacate once the fixed-term agreement expires. In addition, the landlord must give the tenant notice to vacate if the property is going to be significantly renovated.

    If a landlord does not wish to renew a lease before it expires, they are required to provide a notice period of 42 days to the tenant. If there is "severe irritation at the premises," a landlord has the legal power to evict a tenant with either a 14-day notice or immediately if they file an eviction petition with the courts. This privilege is only available to landlords.

    Northern Territory

    If your fixed-term agreement expires, your landlord must give you at least 14 days' notice. If the fixed-term agreement has expired and your lease is now indefinite, your landlord must give you at least 42 days' notice.

    If you intend to maintain animals

    The good news is that it is getting easier to take Ralph or Whiskers with you when you move houses in some jurisdictions. In other words, this is great news. The rights of tenants in relation to their pets are among the most sensitive and hotly debated of all tenant rights.

    ACT

    Because of new regulations that the state government of the Australian Capital Territory enacted in February, it is now possible for people who rent their homes to own a pet of their own. If a landlord wishes to refuse a tenant's request to have a pet, they will be required to present a rationale for their choice in the event that these new regulations are followed.

    Victoria

    It will soon be much simpler to have a pet in a rental home in Victoria. In September 2018, the Victorian Government enacted significant updates to the state's Residential Tenancies Act, which briefly mentioned pet ownership. The Residential Tenancies Act does not currently prohibit pets, but landlords are permitted to put "no pet" stipulations in the lease. The new legislation, which are anticipated to take effect in July 2020, will prohibit landlords from using these conditions in tenancy agreements.

    NSW

    Nothing in New South Wales' Residential Tenancies Act prohibits people from keeping pets. Nevertheless, landlords have the right to include pet-restriction clauses in lease agreements, therefore NSW Fair Trading advises consulting with your landlord before allowing your furry companions to move in.

    Queensland

    Residents of Queensland are subject to onerous procedures in order to have a pet in a rental unit; they are required to get written consent. In addition, the Residential Tenancies Authority of the state reports that just ten percent of landlords currently allow tenants to have dogs in their homes or apartments. It is predicted that the state government will make modifications to its tenancy statute this year that will allow all renters to keep pets. Because of this, it is extremely possible that all of this will change very soon.

    Western Australia

    You are only permitted to have pets in the state of Western Australia if your landlord has given their permission and the animal is included in the rental agreement for the property. In addition, the state of Washington is the only one that allows landlords to charge tenants a "pet bond" of up to $260 so that they can cover the costs of cleaning and, if required, fumigate the property after the tenant moves out.

    Northern Territory

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    Because there is no law that specifically addresses the relationship between tenancies and animals in the Northern Territory, it is up to the landlord to decide whether or not they will allow tenants to have pets in their homes. Because pet bonds are against the law, if the lease contains a "no pet clause," you may need to negotiate with the landlord to have the clause removed.

    Tasmania and South Australia

    Additionally, you can only keep a pet in Tasmania and South Australia with your landlord's permission.

    Again, it depends on where you reside when it comes to the landlord's authority to enter their rental premises.

    ACT

    In the Australian Capital Territory, landlords are required to issue a notice of routine inspections that is at least seven days in advance. They are permitted to carry out a maximum of four inspections each year: one at the commencement of the lease, one at the end of the lease, and two inspections at any point throughout the tenancy. The landlords are required to carry out the inspections at a "reasonable" time; they are prohibited from carrying out checks on Sundays or public holidays and are required to show them between the hours of eight in the morning and six in the evening, unless they get your permission to drive them outside of these hours.

    New South Wales

    Before carrying out routine inspections, landlords in the state of New South Wales are required to provide you with a written notice at least seven days in advance, and they are permitted to carry out a maximum of four checks in any given calendar year.

    Victoria

    Before visiting a rental property in Victoria, a landlord needs only a written notice from the occupants, which must be given at least 24 hours in advance. The number of inspections is still restricted to once every six months, and none of them are allowed to take place in the first three months of the tenancy.

    Tasmania

    It is likewise only a 24-hour requirement in Tasmania. Inspections, however, are only permitted once every three months.

    Queensland

    A routine inspection in Queensland requires at least seven days' notice, and there can be only one review every three months.

    South Australia

    In South Australia, the landlord is permitted to visit the rented property once every four weeks; however, they are required to provide a written notice that is at least seven days and no more than fourteen days in advance.

    Western Australia

    Western Australia has a similar policy: seven to 14 days' notice, but no more than four inspections annually.

    Northern Territory

    In the Northern Territory, inspections can only take place once every three months and require at least seven days' notice. If the renter hasn't provided permission for the landlord or agent to enter the property without them, they must be present during any reviews.

    Emergency landlord access

    Victoria is the only state in the United States that has landlords provide notice (24 hours) and ask permission before entering rental properties.

    Landlords have the legal right to enter a rental unit in certain states if there is a genuine emergency, if immediate repairs are required, if the landlord has significant concerns about the welfare of a tenant and has tried to get the tenant's permission, or if the landlord believes the rental unit has been abandoned.

    How to get out of a lease obligation early

    It is impossible to get around the fact that breaking a lease will almost certainly result in financial penalties that are significant in amount.

    Even while it is desirable to avoid leaving a house before the expiration date has past, there are ways to lessen the cost of the move as well as the stress associated with it if it becomes necessary.

    How early can I end my lease?

    There are circumstances in which a tenant is required to depart the premises before the end of the lease term, despite the fact that doing so is typically not recommended.

    It is possible to accomplish, but the secret is to be as transparent and helpful as you possibly can.

    You should start by giving your landlord a formal notice that you intend to vacate the property, along with an explanation of the reasons you are doing so and the dates you intend to do so before the end of the lease term. The first thing you should do is do is provide your landlord with a formal notice that you intend to vacate the property.

    What are the costs associated with ending my lease early?

    In Australia, there is no defined fee for breaking a lease, however those who do so must pay the following expenses:

    • Affordable re-letting fees
    • Affordable advertising expenses (if incurred)
    • Rent loss reimbursement (until a replacement renter is found or the agreement's expiration date, whichever occurs first).
    • The landlord is required to use all commercially reasonable efforts to re-let the space and refrain from collecting rent for any time beyond that.

    According to Andrew Geppa, a leasing associate at Toop&Toop Real Estate, it is essential to keep in mind that the termination of a lease is not considered to be official until the renter has vacated the premises. Prior to this, it was not necessary for a landlord to actively market the property.

    "That being said, it is in the best interests of both parties to market the property as soon as possible. As a result, the vast majority of agencies will act on this immediately," he explains. "[A]ll of this being considered, the sooner the property is put up for sale, the better."

    "If there is any ambiguity as to the date the tenant will give up vacant possession, advertising should not be undertaken while there is still a contractual arrangement in place,"

    Your leasing agreement should explain everything you need to know to know about breaking your lease and your other rights as a tenant, including all of your other rights.

    On certain websites devoted to residential courts, you can also get sample forms for notifying landlords and cost estimators.

    The regulations regulating the early termination of a lease are essentially the same across all of Australia's states, with the following exceptions that are noted on the numerous websites that pertain to tenancy:

    New South Wales, ACT and Queensland

    A set lease-breaking charge is an option that is accessible to owners in NSW; however, it is required to be mentioned in the lease agreement and may be added as a provision to successive lease renewals. Owners in NSW may also choose to pay a penalty for breaking their lease early.

    This is how you must terminate your tenancy:

    • a written notice of termination to the landlord or agent at least 14 days before you intend to move out.
    • submit a request for a termination order to the NSW Civil and Administrative Tribunal (NCAT). Your tenancy will expire and the date you must vacate will be specified if the tribunal issues the order.

    Victoria

    If a tenant in Victoria violates the terms of their lease, the landlord has the right to ask for one month's rent for every year that is left on the tenancy agreement. Because the limit for this is set at six years, the most the landlord can ask for in advance is the equivalent of six months' worth of rent.

    According to the amount of rent that you were paying at the time that you violated the terms of the contract.

    South Australia

    Early eviction from a property is regarded as abandonment in South Australia. The owner is entitled to reimbursement for reletting fees if the rent is not paid in full.

    However, the tenant has the right to make the following inquiries:

    • Is there a good response to the advertisement for the property?
    • Is there a lesser demand for housing in this location, and if so, was the rent appropriate? When trying to relet a property, the rent should be reevaluated on a regular basis, ideally once every three weeks.
    • Is the property being presented to people who might become tenants?
    • Has the length of time it took to rent the home been affected by the fact that it was initially offered at a higher rent?

    Tasmania

    Tenant is not liable for cleaning or gardening issues after leaving the property (in the same condition it was in at the beginning of the tenancy) and returning the keys.

    Western Australia

    In WA, tenants are required to submit a minimum of 21 days' written notice before ending a lease.

    This state also reduces the required amount of notice to just seven days in order to show special regard for people who are victims of family violence.

    Northern Territory

    If the landlord does not agree to the early termination of the lease and cannot find another tenant in the Northern Territory, then the landlord has the right to keep your security deposit to cover any lost rent as well as any other costs involved with finding a new renter.

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    If the landlord's costs are more than the amount of the security deposit, the tenant may be required to pay additional fees through the tenancy tribunal. These fees can be collected from the tenant.

    On the other hand, this may be taken into consideration if the renter is experiencing difficulty, particularly if the problem emerged after the lease was signed.

    If I break my lease, do I still have to pay rent?

    In general, renters who break a lease are responsible for continuing to pay rent until a new renter is found, in addition to covering any costs associated with advertising and renting the property that were incurred by the landlord or the landlord's agent.

    According to Lisa Morgan, the property manager at Elders Real Estate in Penrith and Wallacia, this is virtually always the case.

    She goes on to say, "A few weeks after our most recent tenant moved in, that tenant's mother suddenly fell ill with a serious condition. Our tenant had just moved into the home at the time.

    "Because she needed to take care of her mother, the tenant gave notice that she would be terminating the lease because she was moving back home. It was sad that she was responsible for the fees connected with finding a new tenant; nevertheless, it was fortunate that this specific apartment was in high demand and became available quickly.

    Keep in mind that when you break your contract, everyone is going to be hoping that you can find a new tenant as quickly as possible.

    There is also nothing stopping you from lacing up your work boots and providing a helping hand to your agent. You are free to do both.

    You should advertise the availability of your rental property on social media, think about spending money on professional photography and other forms of promotion, and offer to pay the first two weeks' rent of the new tenant's lease in order to encourage them to move in as quickly as possible.

    Make it a point to find out if any of your relatives or close friends are also looking for a rental property.

    They will still be required to submit an application and have the agent look it through, just like any other prospective tenant would be expected to do. However, you can speed up the process by urging them to submit an application. In addition to this, you are not required to continue paying rent until another person moves in.

    How can I end my lease without paying any fees?

    There is no way around the undeniable fact that terminating a lease will almost certainly require an investment of both time and money.

    The terms under which a lease can be terminated differ from state to state, and the majority of residential courts make exceptions for uncommon situations. Problems with finances, the death of a co-tenant, or a violation of the conditions of the lease on the part of the landlord are some instances of these types of circumstances.

    If you think that you satisfy these standards, you should get in touch with the court in your state and provide evidence that demonstrates that you are eligible. You should provide bank statements, income tax returns, and termination letters, for instance, if you need to terminate your lease because of a financial emergency (if you suddenly lost your work).

    If a tribunal decides in your favour, you might not have to pay the costs of reletting or observe the established period.

    In the event that the rental property has been rendered uninhabitable or if the landlord has violated the terms of the agreement, the tenant may also have the right to terminate the lease without being responsible for any associated costs.

    Will my credit be impacted if I break my lease?

    If you violate the terms of your lease, unfortunately, any future landlords will be able to learn about it by checking your references and looking at your rental history.

    The vast majority of property managers won't view this as a cause for concern if you have an extensive rental history and credible references.

    Because some renters may still earn a favourable rating from a landlord even after breaking the terms of the lease, it is vital to follow the rules and make the procedure as simple as possible.

    When moving out of a rental property early, one of the greatest mistakes a renter can make is to skip out on paying the rent.

    Due to the fact that this constitutes a breach of contract, you run the risk of being placed on a tenancy blacklist.

    If you are listed on one of these national databases, it is likely that your ability to rent other properties in the future may be affected. This is because the majority of real estate agents in Australia utilise these databases to determine whether or not a potential renter can be trusted.

    If information about you can be found in any of these databases, an agent is more likely to choose another applicant over you as their client.

    The decision to terminate a lease should be made only when all other options have been exhausted.

    If you are forced to take this action, however, your negotiating position will be strengthened the more you educate yourself on the subject of breaking a lease before you vacate the premises.

    Be prepared to pay a portion of the cost, and above all else, if you decide to break your lease with the assistance of the property management, make sure you obtain it in writing for added security. This will ensure that you are not held responsible for anything that goes wrong.

    The right to live in a property that's safe and in a good state of repairThe right to have your deposit returned at the end of the tenancy (provided that you meet the terms of your tenancy agreement).

    What to do when your landlord won't make repairs
    1. Who is responsible for the issue? ...
    2. Keep contacting the landlord & create a paper trail. ...
    3. Contact your state's consumer affairs body. ...
    4. Apply to a tribunal. ...
    5. Get it fixed yourself. ...
    6. Can you make a claim for compensation?
    In the Australian Capital Territory the rent cannot be increased more than once a year, unless the tribunal has endorsed a term stating otherwise. ... New South Wales, Tasmania, South Australia, Western Australia, and Victoria require 60 days notice of any rent increase, regardless of the tenancy type.
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