Tenancy agreement

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Before you rent a place, your lessor, agent or provider must give you a written agreement that meets the requirements of the Act (the only exception is an agreement for a short tenancy in a moveable dwelling park).

If the lessor, agent or provider fails to give you a written agreement, they are in breach of the Act. If you are not given a written agreement the Act will still apply to your tenancy.

All agreements must include standard terms, such as the name and contact details for each party, the address of the premises, how much rent you pay and any terms of the agreement. Your lessor or provider must not include any extra terms or clauses in the agreement that contradict what the Act says.

The RTA provides standard agreement forms. The type of agreement that applies to you will depend on the type of accommodation you rent.In residential tenancies if you rent a house or a unit the General Tenancy Agreement (Form 18a) will apply.

If you rent in a caravan park you will have a long tenancy moveable dwelling agreement and the Moveable Dwelling Tenancy Agreement (Form 18b) will apply. If you move into a caravan park and intend to stay less than 42 days, you and the lessor can agree to have a short tenancy moveable dwelling agreement and can make a ‘short tenancy statement’ to this effect.

Some provisions of the Act do not apply to short tenancy agreements and this agreement can only be extended once for an additional 42 days. In rooming accommodation providers and residents have the option to sign either a Rooming Accommodation Agreement (Form R18) or a General Tenancy Agreement (Form 18a). If you sign a General Tenancy Agreement you will be covered by the parts of the Act that apply to residential tenancies.