When you rent a place to live you have rights and responsibilities, and so does the person you rent from. In Queensland the renting rules are set out in the Queensland Residential Tenancies and Rooming Accommodation Act 2008.
The renting rules apply whether you rent from a private lessor, a real estate agent, a community housing provider, or the Department of Housing. In the renting laws, and in your renting agreement, the person or organisation you rent from is called your lessor.
Your Residential Tenancy Agreement will state what you both agree to. This agreement must reflect what is in the renting rules. Even if you and your lessor do not have a written tenancy agreement the renting rules still apply.
When you move in your lessor or agent must
- Give you a written Residential Tenancy Agreement.
- Give you a rent receipt, or keep a record of your rent payments.
- Give you an Entry Condition Report to say what the place is like when you move in. You can add your comments to the form.
- Give you an RTA renting information booklet.
- Make sure the place is clean and fit for you to live in.
If you pay a rental bond
- The lessor or agent must give you a receipt if you pay bond money.
- The maximum bond amount they can charge is equal to 4 weeks rent.
- If you pay a rental bond the person you pay the bond money to must send your bond into the RTA. They must use a Bond Lodgement (Form 2) that you both sign. Or you can lodge your bond online directly with the RTA.
- Contact the RTA to check your bond was sent into the RTA for safekeeping
Moving in tips for renters
- Inspect the place first, before you sign the agreement.
- After you sign the agreement keep a copy for your records.
- A tenancy agreement is a legal contract. You can be held responsible if you break the agreement, or do not meet your renting responsibilities.
- If you pay money for rent or bond, ask for a receipt or keep a record.
- Take photos and make a record of what the place is like when you move in. You have 7 days to write your comments on the Entry Condition Report and return a copy to the lessor or agent. Keep a copy.
When you rent a place your lessor must:
- Maintain the place so it is fit for you to live in.
- Keep the place, and things that are included, in good repair. Renting Rules
- Do repairs in a reasonable time if you ask for repairs to be done.
- Comply with health or safety laws for people who live in the place.
- Make sure the locks work and the place is reasonably secure.
- Give you a written notice if they want to enter the place.
- Respect your privacy.
When you rent a place you must:
- Look after the place and keep it clean.
- Let the lessor or agent know if repairs are needed.
- Do not damage, or allow someone else to damage, the place.
- Do not cause a disturbance or nuisance for your neighbours.
- Do not use the place for unlawful purposes.
- Get written permission from the lessor if you want to have a pet.
- Get written permission if you want other people to move in with you.
- Pay your rent on time according to the agreement.
To end the agreement you or the lessor must either:
- Give written notice to end the agreement and move out, or
- Get an order from the QCAT tenancy tribunal to end the agreement, or
- You both agree to end the renting agreement and put this in writing. This is called a Mutual Termination Agreement.
Moving out you must:
- Remove all your possessions from the place.
- Leave the place clean, similar to when you moved in, but you are not responsible for general repairs or everyday wear from daily use.
- Gather evidence to show you have left the place clean. Take photos.
- When you move out fill in an Exit Condition Report to say what the place is like. Give a copy to the lessor or agent. They have 3 business days to inspect the place and let you know if there are any problems.
- Return all the keys to the lessor or agent when you move out.
Getting your bond back:
- After you move out you can apply to the RTA to get your bond money back. Use a Refund of Rental Bond (Form 4) or apply online on the RTA website (you need a QDI account and ID to fill in RTA forms online).
- Your lessor may claim money from your bond if you left the place dirty, owe rent, damaged the place, or broke the agreement.
- If you and the lessor do not agree on these claims the RTA has a free dispute process you can use to solve the dispute.
- When you move out let the RTA know your new contact details.