Residential Landlord & Tenancy
5. Considerations for Tenants
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 14 Sep 2015
- Failing to review a lease before signing can have significant financial and personal costs for tenants.
- If the tenancy you have entered into will not provide you with the lifestyle or facilities that you need or if the costs are more than you can afford you may find yourself needing to exit the contract early and subjecting yourself to even more unnecessary costs.
- Failing to understand the obligations contained in a tenancy agreement can also lead to unnecessary tenancy disputes that are both costly and time consuming.
- The following pointers will help ensure that you are adequately informed about your obligations as a tenant.
- Before signing a lease you should read it thoroughly.
- A landlord is required to provide you with an unsigned copy of the lease to review before signing.
- If there are items in the lease that seem out of place or that you do not understand or agree with you should follow these up with the landlord.
- This is also the appropriate time to negotiate with the landlord to include any specific requests of your own such as to:
- allow pets;
- arrange for a gardener;
- certify the safety of any gas-using appliances; or
- paint an older room.
- Check that the landlord has not included any invalid fees, costs or charges. For example in Victoria your landlord cannot require that you pay fees or charges associated with:
- the preparation of the tenancy agreement;
- establishing a direct debit facility;
- issuing a rent payment card;
- payment as a sign of 'good faith' or a commission; or
- bonus or 'key money' associated with your tenancy.
- The landlord can ask you for a 'holding deposit' but that amount must be refunded when the tenancy agreement is signed.
- If you have made reasonable enquiries and are still unsatisfied with the answers you are receiving or have concerns over the contents of your tenancy agreement you should contact the tenancy advice and advocacy service in your relevant state or territory.
- The links are as follows:
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