Although a verbal tenancy agreement is permitted, maintaining signed written records of all your important dealings with your tenant affords you both added protection should a dispute arise. However, both forms are legally binding and you may have difficulty in any subsequent Tribunal or Court hearing if you do not have comprehensive written documentation.
Upon signing a written tenancy agreement, the tenant has the right to inhabit your property for the term of the fixed-term lease or in accordance with the periodic agreement. A typical tenancy agreement incorporates 40 compulsory terms. These can be added to or amended - however, expert guidance is recommended to do so.
Each Australian state and territory has its own stipulations in regard to rental agreements. It's important to read the documentation freely available to landlords and tenants to help ensure the tenancy agreement you've been provided is valid in your region. You should consider obtaining independent legal advice.
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).