Australian Rental Agreement Template

CLICK YOUR STATE ON THE MAP FOR A RENTAL AGREEMENT TEMPLATE

Each of the Australian states and territories have passed legislation to govern residential tenancies.A Residential Rental Agreement is governed by the respective residential tenancies Act although some rental agreements are excluded from the operations of the Act.

An example of this may be where the tenant has an agreement to buy the premises. In addition some types of premises may not be governed by the Act even though they may be subject to a residential tenancy agreement. These may include hotels or holiday houses, where in other states the legislation may extend to mobile homes, caravan parks and boarding houses. Essentially there are many similarities in each state Act and just as many differences. If you are a landlord its in your interest to familiarise yourself with the operations of the residential tenancies act that applies to you. If you are a tenant and want precise information on your rights and obligations you will also find it in the act.

Some of the residential tenancies Acts provide for a prescribed standard form of rental agreement. These standard rental agreement forms set out the minimum rights and obligations of the landlord of the rental property and the tenants and must form part of any residential tenancy agreement be it oral or written. These minimum provisions deal with

• the payment of rent, where and when the rent should be paid and may also provide for rental increases
• the term of the rental agreement and what should happen when the rental term ends
• the landlords access to the premises and under what circumstances the landlord or landlord’s agent may enter the premises
• the administration of security bonds
• the tenants right to quiet enjoyment of the property
• additions to the premises
• who pays for water electricity and services to the rental property
• the tenants obligation for the actions of others
• the tenants obligations to look after the premises during the term of the tenancy
• Locks and security devices
• procedures under which the tenancy may be terminated leading to the landlords recovery of the property.
• and many more depending upon your state or territory.

Parties to a rental agreement may insert additional terms to the prescribed agreement but only if the terms do not contravene the tenancy Act. Additional terms may be void if found to be inconsistent with the prescribed form or the Act. So in effect parties to a Residential Tenancy Agreement cannot contract out of their obligations.

Below we have Available for Immediate Download complete rental agreement kits for each Australian State from our partner RPEmery and Associates.

You will find the relevent Residential tenancies acts here

• New South Wales - Residential Tenancies Act 2010
• Australian Capital Territory - Residential Tenancies ACT 1997
• Northern Territory - Residential Tenancies Act 1999
• Queensland - Residential Tenancies and Rooming Accommodation Act 2008
• South Australia - Residential Tenancies Act 1995
• Tasmania - Residential Tenancy Act 1997
• Victoria - Residential Tenancies Act 1997
• Western Australia - Residential Tenancies Act 1987