Understanding Tenant and Landlord Responsibilities under the Rental Housing Act
Renting a property involves responsibilities for both tenants and landlords. Here's a breakdown of the key obligations outlined in the Rental Housing Act.
Tenant Responsibilities
Tenants are required to pay a deposit if requested by the landlord, with the amount agreed upon in the lease. Rent and any other costs listed in the lease agreement, such as electricity, water, and domestic services, must be paid on time and in full. There is no legislated grace period for late payments. Additionally, tenants must participate in both incoming and outgoing inspections with the landlord or their representative.
Landlord Responsibilities
Landlords have several important obligations to ensure the property is safe and habitable. The property must be fit for human habitation, posing no threat to the life, health, safety, personal property, or general welfare of the tenants. Tenants should have undisturbed enjoyment of the property, with landlords giving fair warning before any inspection or maintenance is carried out.
Landlords must provide a copy of any applicable "house rules" defined by the property's body corporate, HOA, or other governing body. They must also maintain any common areas, such as communal lifts, stairs, and gardens, in good repair, as well as the exterior structure of the property, including walls and roofs. Electrical, plumbing, heating, ventilation, air conditioning, and elevator systems must be in good repair at the start of the lease.
Repairing any damage caused by fair wear and tear due to normal, everyday use is the landlord's responsibility. Landlords must provide municipal bins or alternative waste disposal containers and services. Any additional responsibilities or services specified in the lease agreement must be fulfilled. Repairs for which the landlord is responsible should be carried out as soon as possible after receiving notification, at their own cost unless due to tenant negligence.
The deposit must be kept in an interest-bearing account, with statements provided on request. Receipts for all payments made by the tenant should be provided, and receipts for repairs deducted from the deposit should be kept. The balance of the deposit, plus interest, must be returned within 14 days of the lease expiry if repairs are required, or within 7 days if no repairs are necessary.
Understanding these responsibilities can help both tenants and landlords maintain a positive rental experience. If you're looking to move, let us help you find the perfect place!