Residential Leases

Before signing a new lease it is important to know what it contains and what you are agreeing to by signing it. If you are the landlord we can help you draft a residential lease and if you are the lessee we can help you understand and negotiate the terms and price of the lease. We can also advise you about the agreement and its various clauses and what they mean for you.

All residential leases should define the period of time for which the premises are to rented out for as it is generally a fixed term of either 6 or 12 months, however the parties are free to agree to an agreement for any length of time.

A residential lease should contain the following terms:

• A description of the property that is to be leased

• The rent amount and frequency

• When the rent will be reviewed

• Details of the tenants responsibility for property outgoings such as land tax and rates

• Initial lease period and the option period

• The commencement date of the lease

• A clear description of the permitted use of the premises

• If any compulsory insurance is required

• Any security bond

• Any options and how they are to be exercised

• The landlord's obligation to repair the premises

• The tenants' obligation to repair the premises

• The tenants right to sublet the premises and assign the lease

We can help you draft any of the above terms and any others that may be appropriate and necessary in your circumstances.

As a part of your lease you will be required to pay a rental bond the maximum you can be asked for is:

• Four weeks rent for an unfurnished premise

• Six weeks rent for a fully furnished premise that has a rent of $250 or less per week.

The money is to be paid to the landlord or agent and they must send the bond paid to the Office of Fair Trading within 7 days of your payment. Once the lease is finished and after the final inspection of the premises you may claim the bond back provided that you have not damaged the premises, owe rent of breached the agreement.

If you find yourself in a dispute with your landlord/tenant we can help you. The first step in such a dispute would be to carefully read the terms of your agreement and speak to the person you are having problems with. If this does not work we can negotiate with the tenant and or landlord/agent in order to resolve the matter. If this does not resolve the matter we can help you prepare an application to the Consumer, Trader and Tenancy Tribunal (CTTT).

If you would like more information or assistance with a Residential Lease. Complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange an appointment.