The Residential Tenancies Act 1994 is the law that applies to all tenancies in Queensland. This Act sets out rules for renting and the rights and responsibilities for tenants and lessors.

At the start of a tenancy your lessor must provide you with a written agreement. If you are a tenant and you do not have a written agreement the Act will still apply to your tenancy. Your lessor is in breach of the Act if they fail to provide you with a written agreement.

Your written agreement must include all the key terms relating to your tenancy including the names of the parties, the amount of rent and how it must be paid, the number of occupants, whether pets are approved and any other terms of the agreement. Terms of the agreement must not contradict the requirements of the Act.

A tenancy agreement is a legal contract so before you sign it always read the agreement carefully and make sure you understand it. After the agreement is signed and witnessed your lessor must give you a copy. Your lessor must also give you a copy of the RTA Information Statement booklet.

When you start a tenancy your lessor must also provide you with a completed Entry Condition Report. This form records the condition of the premises when you move in and can provide you with important evidence if there is a bond dispute when you leave. You should write your comments on the form, especially if you disagree with comments by the lessor or agent. You must return a completed copy to the lessor within 3 days and should also keep a copy for your records.

Always make sure that you get a receipt and keep a record of any payments for rent or bond. Your lessor can charge a security bond for the tenancy but should not charge you more than the maximum amount. The Act also sets out rules for how much rent in advance you can be asked to pay. All bond money must be lodged with the Residential Tenancies Authority during your tenancy.

Tenancy applications are not regulated under the Act. When you lodge an application for a tenancy make sure you read it carefully and keep a copy. Be aware that once your offer is accepted you may be bound to go ahead with the tenancy or face financial penalties if you don’t.

When you apply for a tenancy you may be asked to pay an application fee or a holding deposit. Holding deposits are regulated under the Act however application fees are not. If you agree to pay an application fee make sure you get a receipt and have a clear agreement about when you will be notified about your application. Your fee should be refunded if you are not accepted for the tenancy or if you withdraw your application before it is approved.

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