A tenancy agreement is a legally binding written document that must be used whenever anyone is renting a home from you – even if that person is a friend or family member.
The agreement outlines the legal rights and responsibilities of the property owner and the tenants, and it applies to everyone renting the property, including a share house situation.
As the property owner, it’s your responsibility to ensure the tenants are given a copy of the agreement before they pay any rent or commit to being tenants. They in turn must sign the agreement and return it to you within five days.
The agreement must include:
- the name and address of the tenant and property manager/owner
- the start and end date of the agreement
- how the tenant should pay rent and how much is to be paid
- contact details for nominated repairers
- date of the last rent increase for the premises
- standard terms (what the tenant and the property manager/owner can and cannot do)
- any special terms (these should be agreed in advance, e.g. who is responsible for pool maintenance)
- Special terms can be added if everyone agrees, for example paying for water or pool maintenance
Types of Tenancy Agreements in Queensland
There are several different types of tenancy agreements in Queensland.
Firstly, general tenancy agreements, which are used when renting a house, unit, apartment, townhouse, houseboat, or secondary dwelling.
Secondly, a moveable dwelling agreement, which is used when renting a caravan, moveable dwelling or site.
And thirdly, rooming accommodation agreements, which are used for boarding houses, supported accommodation services, off-campus student accommodation, and other rooming style accommodation.
It’s important for you as a property owner to remember that if a tenant is occupying a premises without a written tenancy agreement, they will still have legal protections under Queensland’s tenancy laws and can contact the Residential Tenancies Authority for support.
Contact GLG Legal for expert assistance
Here at GLG Legal, we would never recommend renting out a property without a tenancy agreement. Our property specialists are here to help you with this process. Contact our office today on (07) 3161 9555 or email: info@glglegal.com.au to make an appointment.