Rental Bonds
A bond is money that the lessor or agent can ask you to pay at the beginning of your tenancy. This is financial security for the lessor in case you don’t follow the terms and conditions of the tenancy agreement. The Act sets out maximum amounts for rental bonds. In Queensland all bonds for rental accommodation must be lodged with the Residential Tenancies Authority during the tenancy.
When you pay a bond you must be given a receipt. You should also complete a Bond Lodgement form 2 with the lessor or agent. The person you pay your bond to must lodge your bond with the Residential Tenancies Authority (RTA) during the tenancy. Failure to lodge a bond is a serious offence and can result in prosecution by the RTA. If you contribute to a bond in shared accommodation you can use a Change of Shared Bond form 6 to register changes to an existing bond held by the RTA.
At the end of your tenancy you can complete a Refund of Rental Bond form 4 to apply to the RTA for your bond refund. If you and the lessor and any co-tenants have all signed the form this is an automatic agreed refund. You can lodge agreed bond refund forms with the RTA or at any Australia Post Office.
At the end of the tenancy if all parties do not agree and sign the Refund of Rental Bond form you can complete and sign your own form and post it into the RTA . The RTA act on the first form they receive. Other parties will be notified and given an opportunity to dispute the bond claim. Time limits apply.
If you are disputing a bond refund claim you will need to apply to the RTA dispute resolution service using a Dispute Resolution Request form 16. If you and the other parties cannot come to an agreement about the bond the RTA wil send you a Notice of Unresolved Dispute.
If all parties reach an agreement to resolve a bond dispute you can simply all complete and sign a new Refund of Rental Bond form 4 to automatically release the bond. If you agree to release your bond to the other party ensure that the agreement is "in full and final settlement" of all claims and note this on the bond refund form.
If the RTA receives a claim for the bond and other parties fail to proceed with a bond dispute within the required time limits the bond is automatically released according to the first Refund of Rental Bond form lodged with the RTA.
To proceed with a bond dispute you must apply to the Small Claims Tribunal for hearing. In the Tribunal a Referee will look at the evidence presented by each party. In the Tribunal it is important to have evidence to refute claims by the other party and to support your case, such as copies of Entry and Exit Condition Reports, rent records, receipts for any carpet cleaning etc and statements from any witnesses.
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