What are your rights and responsibilities as a tenant in Australia? Here’s an overview | The Armidale Express

As you prepare to move into an apartment, future issues with your new place and/or new landlord are typically not at the forefront of your mind. There are too many other matters to consider: like finding the best courier Armidale to transport your belongings, for instance, or cutting through all the red tape associated with moving to a different state.

Anyhow, you gave the apartment a thorough check before signing the contract, right? Of course you did. At this point you can only assume (or hope) that all will go according to plan. You trust that the apartment itself is not riddled with hidden problems, and moreover that your landlord will do his or her due diligence if and when issues arise.

As we all know, that’s not always the case. True, many Australians make it through their rental contracts without any significant concerns; and most landlords are responsible and professional. But even if you’ve had nothing but pleasant experiences renting property, you should still take some time to understand your rights as a tenant-just in case something goes sideways in the future.

By and large, the laws regarding the rights and responsibilities of tenants are very similar in each Australian state, with some slight differences here and there. We provide a concise overview in the paragraphs that follow.

As a tenant, you have a number of basic responsibilities. These are more or less universal and include:

Now let’s dig a little deeper into the details, where the devil resides.

Tenants are legally obliged to make an advance rent payment of either two or four weeks prior to the start of their tenancy. It depends on the state. Failure to do so can result in your rental contract being voided before it even takes effect.

Hopefully you never find yourself in the unenviable position of facing eviction. But if for whatever reason you do, you’ll want to know exactly what your rights are.

Eviction regulations vary only slightly by state; the general principles are the same.

The first thing to note is that you cannot be legally evicted during a fixed-term lease unless the landlord can demonstrate that you have violated the terms of your rental contract. If you have not breached the agreement, you cannot be evicted.

When it comes to periodic leases, landlords have more latitude. They can kick you out if they wish, but they must give sufficient notice so that you can find another place to live. The required notice varies by state, but it is usually at least two months.

Landlords have the right not to renew a fixed-term lease agreement. But, again, they must provide advance notice-anywhere from two weeks to more than a month.

Note that it is illegal for a landlord to attempt to physically remove you from a rented property. That is a matter for the police.

Some Australian states have decidedly pet-friendly laws on the books. In the ACT, for example, all tenants have the right to own a pet; landlords cannot disallow pets unless they have solid legal grounds for doing so. Victorian laws are also relatively pro-pet.

Most other states, including New South Wales, leave the decision up to the landlord, which means tenants can try to negotiate a solution. In Western Australia, property owners are allowed to charge a sort of pet tax known as a “pet bond.” Keep in mind that it is both safe and affordable to transport a pet using courier Sydney.

Of course, if you move into a furnished apartment and your pet damages a piece of furniture, you’re liable for the repairs or replacement.

Property owners and managers have the right to perform regular inspections to ensure that tenants are complying with rules and regulations; also to check for general maintenance issues. During a routine rental inspection, a landlord may check for:

Among other things, this helps to avoid issues that might otherwise crop up at moving-out time. But how far do a landlord’s rights extend in this regard? It depends on the state.

In South Australia, property managers can conduct a routine inspection once every four weeks. That’s a lot compared to the ACT and Victoria, both of which only allow two inspections per year. Every other state allows up to four per year.

In any case, landlords are not allowed to show up unannounced for an inspection. They must provide advance notice, which again varies by state. And of course, they must respect a tenant’s privacy as much as possible.

Ultimately, it is the landlord’s responsibility to ensure that a property is well maintained and fit to live in. Wear and tear is inevitable, of course, but major issues that affect a property’s habitability must be fully addressed-not just papered over.

Minor things like cleaning, mopping, vacuuming, replacing light bulbs and other small expenses fall under the obligations of the renter. If, as a tenant, you wish to repair something on your own, you must obtain your landlord’s consent in writing.

Property owners are obliged to make urgent repairs as soon as possible. Examples of problems that require urgent repairs include but are not limited to:

If a dispute arises which you and your landlord are unable to resolve, contact the appropriate governmental agency in your state, for instance New South Wales’ Fair Trading department. Unilaterally deciding to withhold rent payments is never advisable, as it constitutes a breach of contract.