As a tenant you have both rights and responsibilities. For tenants in Queensland, these rights and responsibilities are outlined in the Residential Tenancies and Rooming Accommodation Act 2008. This act covers most types of accommodation including when you rent a house, flat, unit, caravan or rooming accommodation. It does not apply when you rent a room where the lessor lives in the place and rents 3 rooms or less, unless the lessor takes a bond from you. In this case, only the rules about the handling of bond money (including lodging it with the RTA) apply. In this situation, you aren’t a tenant, but a ‘boarder’ or ‘lodger’.
- When you moved into a place you should have been asked to sign a tenancy agreement. . This is the main document which outlines your rights and responsibilities. Before we talk any more about rights and responsibilities it is important to be clear which tenancy agreement you signed. This is very important as tenants have different rights and responsibilities under the two tenancy agreements that cover the rental market. The RTA provides a fact sheet about these agreements called General Tenancy Agreements and Rooming Accommodation Agreements. A Residential Tenancy Agreement covers most tenants and lessors in self contained private dwellings e.g. when you rent a house or unit, or move into a share house where the house is being rented from a lessor. A Rooming Accommodation Agreement covers people renting a room that you occupy and share facilities with others where you do not have the right to occupy the whole of the premises. It does not cover a share house where you rent the whole of the house but live in one bedroom, uni run accommodation, or when the lessor lives on site and rents 3 rooms or less.
If your accommodation falls into the Rooming Accommodation category your lessor may opt in to a Residential Tenancy Agreement. It is important to check which agreement you have signed as your rights and responsibilities will be slightly different under each agreement.
If you are a border or lodger living in a private home you are not covered by either of these agreements.
So what are your rights and responsibilities?
Your rights and responsibilities are outlined in your Tenancy Agreement (lease). The law says you should also receive when you move in a booklet called Renting a house or unit in Queensland (also called a Form 17a)
The RTA has detailed information about your rights and responsibilities and is very useful to have look at – don’t just wait until there is a problem.
The Tenants' Union of Queensland has a fast fact section that contains information about your rights and responsibilities.
Some (but most certainly not all) of the Rights that you have as a tenant include:
- Your lessor should lodge your bond within 10 days of you paying it to the RTA (you should receive an official receipt from the RTA verifying this)
- Quiet enjoyment – you have the right to live in your place and not be pestered by the lessor
- To receive appropriate notice of entry on the right form if your lessor needs to enter your property,
- To be given appropriate notice at the end of your tenancy
- To have a secure, safe and well maintained place to live
As a tenant you also have responsibilities. Some (but again not all) of these include:
- Paying your rent on time
- Allowing your neighbours their quiet enjoyment
- To ensure that the lessor’s property doesn’t get trashed
- To give appropriate notice at the end of your tenancy
- Getting the lessor's approval for all tenants living in the property
These are just a few rights and responsibilities. Remember read your Tenancy Agreement and the info book.
If you are having any problems with any of this or would like more information, contact a Welfare Officer at QUT, International Student Advisor, or the Accommodation Officer.
You may also want to look at the websites above or contact your local Tenancy Advice and Advocacy Service (TAAS) they are listed under T in the phone directory. The Tenants’ Union of Qld also has a phone advice line which operates 9am-4pm on Monday, Thursday and Friday and 9am-7pm on Tuesday & Wednesday. The can be contacted on:
- Brisbane 3257 1108
- Outside Brisbane 1800 177 761
- North Queensland 4031 3194