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Once your Application for Tenancy has been approved by
both the agent, and in some cases, the Landlord, there is certain
documentation that must be completed. However, prior to signing anything,
the Agent must give you a copy of:
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The proposed Tenancy Agreement (including the
Special Terms and Conditions)
-
An RTA Form 1 Condition Report (three pages)
already filled out by the Agent.
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A booklet - Renting in Queensland – Your
Rights and Responsibilities as a Tenant in General Tenancies -
Form 17A which is a précis of a Tenant’s rights and
responsibilities under the Residential Tenancies Act in
Queensland.
Length of Tenancy
The standard terms of tenancy in Queensland are between
six and 12 months. While many Landlords are currently accepting six
months, there is a trend that would suggest that in future, 12 months will
become the standard.
Lease Terms
Tenants should note that in Queensland the Act
specifically states that it is illegal to contract outside of the Act. In
plain terms, this means that, even if a Landlord and Tenant were wishing
to agree to certain conditions of the tenancy, if these terms were illegal
under the Residential Tenancies Act, it would be considered
"contracting outside the Act".
Under the amendments to the Residential Tenancies
Act in December 1998, it became law that a standard Tenancy Agreement
be used throughout Queensland. Some standard clauses that are in every
Rental Hotline lease are to do with the requirements to:
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clean carpets upon leaving the property; and
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do pest control internally;
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and do pest control externally if there has been a pet at the
property.
Beyond this, there are other clauses to determine acceptable water
usage for Council areas where water usage is on a user-pays basis.
If you do not understand any of clauses that are in the
lease, you should ask the Property Manager or Agent before signing the
Tenancy Agreement.
Condition Reports
The final important thing to remember when you sign
your Tenancy Agreement is that you will be given a Condition Report by the
Agent. There are steps that you are responsible, as a Tenant, to take, as
follows
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You will be supplied a minimum of two copies of this report, and you
must fill out the Tenant’s side of the report and return one copy to
the agent.
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THIS REPORT MUST BE RETURNED TO THE AGENT WITHIN THREE DAYS OF
COMMENCEMENT OF THE TENANCY.
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If you are renting a furnished property, you must be given a list of
inclusions which you will be signing for in the Tenancy Agreement, but
the condition of these inclusions should be noted upon entering the
property.
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In the RTA Condition Report there are columns marked:
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CLEAN
-
UNDAMAGED
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WORKING
These boxes should be ticked if this is the case. If it
is not the case, they should be crossed and a note put in the Comments
section to the right hand side.
In general, you should not have to make may comments on
the reports as the condition as laid out by the Property Manager will be
accurate.
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