Last Updated February 29, 2024
Alternate Names:
A Residential Tenancy Agreement is also known as a:
- Residential Lease Agreement
- Rental Agreement
- House Lease Agreement
- Landlord and Tenant Agreement
- Tenancy Agreement
- Lease Agreement
What is a lease?
A lease is a contract between a lessor (landlord or nominee) and a lessee (tenant) that both parties sign when a tenant wants to rent residential or commercial property. The lease includes the rights and responsibilities, as well as the terms and conditions, that the lessor and tenant both agree to.
LawDepot's Residential Tenancy Agreement is specific to residential rental properties, such as houses, apartments, granny flats, rooms, basement suites, and more. Our template can be customised for:
- Australian Capital Territory (ACT)
- New South Wales (NSW)
- Northern Territory (NT)
- Queensland (QLD)
- South Australia (SA)
- Tasmania (TAS)
- Victoria (VIC)
- Western Australia (WA)
For commercial properties, such as restaurants, office buildings, or retail stores, use LawDepot's Commercial Lease Agreement.
What should be included in a rental agreement?
A standard residential lease agreement usually includes:
- Contact details for the lessor and tenant (if the lessor is represented by a property manager, contact information for both should be included)
- The address of the property that is being rented
- Whether a nominee (sometimes called a property manager) or the lessor should be contacted for urgent repairs
- Lease terms, such as the tenancy duration, rent amount, and the frequency of rent payments (weekly, monthly, fortnightly, or annually)
- Rules regarding pets, smoking, or guests
- The method of payment accepted for rent, such as cash, cheque, credit, debit, or payroll deduction
- Whether a rental bond (security deposit) is required
The rental agreement should include other details, such as the rental rights and obligations of the lessor and tenant, and the preferred method that notices and documents should be served to both the lessor and tenant.
Who should use a Residential Tenancy Agreement?
A lessor and tenant who wish to enter into a residential rental agreement should utilize a valid contract to outline their rights and responsibilities.
Individuals or organizations who can benefit from using LawDepot's Residential Tenancy Agreement are:
- Lessors and/or property managers
- Individuals in search of a residential property to rent
- Individuals who wish to rent residential property (such as a room, basement suite, condo, or townhouse) to friends or family members
- Real estate agents
What are the different periods of tenancy?
In Australia, there are two different periods of tenancy: fixed term and periodic.
Fixed term means that the tenant agrees to rent the property for a pre-determined amount of time, such as six months or one year.
Periodic means that the tenant rents the property for an indefinite period of time until the lease is terminated by the lessor or tenant in accordance with the Residential Tenancies Act.
Who needs to sign a tenancy agreement?
A Residential Tenancy Agreement generally needs to be signed by the lessor and the tenant or tenants that are renting the property.
It's also good practice for the lessor to provide a copy of the signed agreement to each tenant.
Is there a cooling off period for rental agreements?
Some legal contracts may have a cooling off period, which means that after the contract is signed, there is a certain amount of time (which may vary by jurisdiction) where the parties in the contract can choose to cancel without penalty.
Generally, rental agreements do not have cooling off periods, although this may vary depending on your state or territory's tenancy laws. In most cases, once the rental agreement is signed, the parties are legally bound to the terms and conditions listed in the agreement. In order to prevent issues, it's important that the lessor and tenant both go over the lease and negotiate any changes that need to be made before signing the document.
What is the minimum amount of notice to be given when terminating a tenancy?
For fixed term tenancies, the tenant must give the landlord a Notice of Intention to Leave (Form 13). However, if the landlord wants the tenant to move out, they must give them a Notice to Leave (Form 12). Either form must be given at least 14 days before the tenancy agreement ends. The notice period can't end before the date when the tenancy agreement ends.
For periodic tenancies, parties can terminate the tenancy at any time provided they give the appropriate amount of notice. Tenants must give a Notice to Leave (Form 12) at least 14 days before they wish to leave. If the landlord wants the tenant to leave, the landlord must give a Notice of Intention to Leave (Form 13) 2 months before the tenancy will end.
