Landlord Laws: Know Your Rights & Responsibilities | TenancyCheck - AU TenancyCheck
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Overview - Landlord Information - Obligations - Landlord Laws: Know Your Rights And Responsibilities
Each state and territory has its own landlord laws that must be adhered to. Knowing your rights and responsibilities as a landlord is the best way to nip any disputes with tenants in the bud should they arise. The following documents detail the specifics for each state:
Australian Capital Territory - 'ACT The Renting Book'
New South Wales - 'New Tenant Checklist'
Northern Territory - 'A Guide to Renting in the Northern Territory'
Queensland - 'General Tenancies Information Statement'
South Australia - 'Information Brochure'
Tasmania - 'Renting in Tasmania'
Victoria - 'Renting a home - a Guide for Tenants and Landlords'
Western Australia - 'Renting Out Your Property - An Owners Guide'
Landlord laws stipulate that you must ensure your tenant's privacy, peace and comfort in the property that they're renting from you. As a direct result, your access to your rental property is restricted. The length of notice you must give to your tenant before entering the property varies from state to state, and according to the reason for access including: inspections; routine repairs and maintenance; emergency repairs and maintenance; and to show the property to potential buyers. Typically times of access are limited to 8am-6pm/8pm.
Landlord legislation permits you to increase the rent on your property when your tenant transitions from a fixed-term lease to a periodic lease. However, tenants must be given up to 60 days notice depending on state regulations. Rent increases during a fixed-term lease are more restrictive and may involve Tribunal approval should your tenant dispute it.
If your tenant has shown themselves to be unreliable when it comes to paying rent by its due date, you're well within your rights as landlord to ask them to find a more reliable method of payment, such as direct debit. If the tenant falls more than several weeks behind with their rent you can serve them with notice, with additional time to vacate the property.
The information contained in TenancyCheck.com.au website is general information only and does not constitute legal, financial or compliance advice. As the laws relating to tenancy agreements may have changed we recommend you check with the relevant State or Territory government department. We also recommend that you obtain your own independent legal advice about matters relating to landlord obligations, tenant rights and any legal disputes you may have with a tenant(s).