When you are going to rent a property, make sure you do your research and read about everything related to it. This includes knowing how many days notice you should give when you want to leave a property, what kinds of rental agreements exist and if your potential landlord has any special rules they expect their tenants follow. For student accommodation, always be sure that your hunt for properties doesn't take up too much time so that academic commitments aren't compromised.
The standard residential tenancy agreement is the most common for private properties in New South Wales. In Australia, all tenancies are covered by specific legislation and there are rights and obligations associated with each tenancy.
The standard tenancy agreement is a minimum of 6 months but can be more. It's important to note that there are lots of different types of tenancy agreements which have their own conditions, so it's best that you read the agreement carefully before committing to anything.
Different kinds of tenancy agreements include fixed-term agreements, periodic agreements and moveable dwelling agreements for caravans, houseboats or manufactured homes.
Rental applications are submitted to landlords or property managers, who then screen the applicant by checking their identification and references. A prospective tenant must be over 18 years old to sign a rental agreement unless the tenant is a student renting student accommodation.
When you are applying for a rental property, there are various documents that you will need to prove your identity and income. You will most likely be asked for:
When you apply for a rental property, the landlord or real estate agent will assess your application. If they find that you are suitable for the rental property, they will usually contact you with an offer.
Bond is basically your security against loss caused by damage to the property during your tenancy. The landlord can ask for an amount equal to up to 4 weeks rent. For example, if the weekly rent is $400 then you can be asked for a bond of $1600. The bond is lodged with the Rental Bond Board (RPB) and is held for the duration of your tenancy.
A rental bond is usually refunded in full when the tenant moves out of the property. However, when there are renovations or cleaning to be paid for then these deductions can be taken before the bond is refunded.
When you move out of the rental property, you will need to make sure that it's clean and undamaged. You can then apply for the bond to be released through the Rental Bond Board.
A rental property manager, also known as a real estate agent or leasing agent, manages one or several properties on behalf of their owners. They screen tenants and show prospective tenants around their properties. A rental property manager can also help you draw up a residential tenancy agreement and be an intermediary if issues arise between the landlord and tenant.
If you want to leave the property before your lease expires, you will need to give written notice as well as vacate the property by a specific date. If you do not move out of the property by this date, you can be prosecuted or evicted.
There are often conditions that apply to your tenancy agreement. Always read the rental agreement carefully before signing. Some common terms of a residential tenancy agreement include:
As a tenant, it is your responsibility to keep the rental property in good condition.
You must also notify your landlord or agent of any maintenance problems that arise. If you are having trouble getting your landlord to fix an issue, there are many ways you can resolve this problem with them.
Discuss the problem politely with your landlord or agent- Try speaking with them in person or writing an email about what has happened. They may not be aware there is a problem and will thank you for bringing it to their attention.
Tenants owe a significant amount of money to their landlords, and can face penalties if they don't pay it. If a tenant breaks the terms of the lease agreement, they are considered in 'breach' of contract.
Firstly, speak with them about what has happened - Perhaps they have lost their job or had some other unexpected issue. If they are struggling to pay the rent, there may be a solution.
A tenant in breach of a rental lease agreement may be liable for costs associated with re-advertising a property and any lost rent resulting from this breach.
If the problem cannot be resolved informally, formal steps should be taken to avoid being taken to the small claims tribunal. There are notices required to be given by tenants before they can lawfully terminate a lease early. If you have not received adequate notice of termination, or the tenant has paid rent while breaking their agreement, you may choose to apply for an order from the tribunal that the tenant pay money owed under their rental lease agreement.
It is important that you follow all applicable tenancy laws in your state or territory as set out by Fair Trading NSW - Which includes the: