Property

What's to stop your house getting trashed like this one?

tkcmf3

I was disturbed to read in Tuesday's Daily Mercury about the poor landlords who had their property damaged and left in squaller by delinquent tenants.

They are not alone! Unfortunately, I am regularly advising landlords on their rights in relation to a range of breaches by tenants, including property damage, failure to pay rent or contravention of other terms of the lease.

 

Over the next few weeks, I will take you through the process of renting a residential property in Queensland and examine some of the protections landlords have available at law.

So, to start at the beginning - a written agreement must always be used when renting (even if between family or friends). The standard document recommended is a Form 18a General Tenancy Agreement. A pro forma version of this agreement is available from www.rta.qld.gov.au.

The real estate agent will usually organise the Residential Tenancy Agreement. If you do not have an agent engaged, then it is the landlord's responsibility to organise the Agreement and ensure a copy if given to the tenant before any money is paid.

The Agreement must include key particulars, such as:

  • details of the landlord, tenant and agent (if any). A landlord is often referred to as a "lessor" and a tenant, as a "lessee";
  • the period of the lease, including the start and finish dates;
  • how much, and when, rent is payable;
  • the rights and obligations of both parties; and
  • any special conditions.

If there is a bond (security deposit) payable, then it must be lodged with the Residential Tenancy Authority (RTA). Generally, where the weekly rent payable is $700 or less, the maximum bond that a property owner/landlord may charge is equivalent to 4 weeks rent.

If the weekly rent is over $700, then there is no limit on the bond.

 

The mess and damage homeowners claim was left by renters.
The mess and damage homeowners claim was left by renters. Contributed

Bonds must be lodged with the RTA within 10 days of receipt, using a Form 2 - Bond Lodgement.

More next week as we "take care of business".

Suzanne Brown is a Principal of McKays and Mackay's only Queensland Law Society Business Law Accredited Specialist. She can be contacted on 4963 0888 or sbrown@mckayslaw.com.

Topics:  business house mackay mckays property rent suzanne brown


Stay Connected

Update your news preferences and get the latest news delivered to your inbox.

Total fire ban in place as hot weather hits

A more than 3000ha blaze is dangerously close to homes in the region's west.

Community prepared as fire threat to intensify with hot weather

Ballina High's class of '67 reunited

CLASS OF 1967: A reunion was held at the Ballina RSL Club last Saturday night of the first cohort of Ballina HIgh School students to complete the Higher School Certificate.

They were the first cohort to sit the HSC

Water crisis: 'Every day it's getting worse'

HOME AND HOSED: Blu-Water employee Rowan Weir collects more water for his deliveries around the Northern Rivers after residents wait in dire need of rain to fill their tanks.

'Desperate' people forced to wait up to five weeks for tank water

Local Partners