Safe, secure and affordable housing is essential for everyone whether you are renting or have purchased your own home. If you are a tenant or a landlord understanding the law that covers residential tenancies can help you protect your personal and financial interests.

A key concern for landlords is ensuring that their tenants are reliable with rental payments, that they communicate openly when repairs are required and that they take care to maintain the premises for the benefit of the owner's long-term investment.

Tenants are generally concerned with obtaining a secure and affordable lease for a premise with facilities that meet their lifestyle needs. Successful landlord-tenant relationships can be achieved by understanding and giving effect to the many expectations put in place by law.  The laws protect both tenant and landlord.

Each state and territory in Australia has their own legislation governing residential tenancies. While there are some differences between each different jurisdiction many of the rights and obligations of landlords and tenants remain the same despite being expressed in a different way or enforceable by different government agencies or tribunals in the event of a dispute arising.

The residential tenancy authority in your state or territory is able to provide information and sometimes advice specific to your state or territory.

• Please see the following links:
  • Australian Capital Territory: http://www.ors.act.gov.au/community/residential_tenancies;
  • New South Wales: http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Renting_a_home.page;
  • Northern Territory: http://www.consumeraffairs.nt.gov.au/ForConsumers/ResidentialTenencies/Pages/default.aspx;
  • Queensland: https://www.rta.qld.gov.au/;
  • South Australia:

http://www.sa.gov.au/topics/housing-property-and-land/housing/renting-and-letting/information-for-private-rental-landlords/tenancy-forms-and-fact-sheets/forms-and-fact-sheets-for-private-rental-tenancies;

• Tasmania: http://www.consumer.tas.gov.au/renting;
• Victoria: www.rentalbonds.vic.gov.au; and
• Western Australia: https://www.commerce.wa.gov.au/consumer-protection/renting-home.

This Legal Guide on Residential Landlord and Tenancy Law provides landlords and tenants with information that can help you understand your rights and obligations and ensure that your tenancy relationship runs smoothly from start to finish. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

Please select from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.