QLD Tenancy Info

Renting in Queensland

In Queensland, people who rent housing are covered by the law - the Residential Tenancies Act 1994 (the Act). The Act sets out the rights and responsibilities of tenants and lessors. It describes what you and the lessor/agent can and can't do, how to address issues that may arise during the tenancy and explains what happens if the lessor/agent or tenant breaks the law.

The Act applies to all types of tenants including:

private tenants who rent directly from the lessor or through a real estate a gent or housing manager
public housing tenants
community housing tenants
tenants of Aboriginal and Torres Strait Islander Community Councils
tenants in government employee housing and
tenants in general employee housing

While the Act applies to all residential tenants, some parts of the Act are different for some types of tenants. The Act does not apply to:

holiday lettings
boarders and lodgers (except for the section about rental bonds)
educational institutions (except for employee housing) or
retirement villages.

Never sign anything if you are not sure of its meaning.

Before the commencement of the tenancy agreement the agent or lessor must provide, or advise you of how to obtain, a copy of the Consumer Affairs Bureau booklet The Renting Book (you can download it from the Department of Fair Trading website).

This booklet is a general guide to a person’s rights and responsibilities as a tenant, property owner or real estate agent.

When you enter into a tenancy agreement (including oral agreements) you are entering into a legally binding relationship. Tenants and lessors should think carefully before entering into a tenancy agreement as once the agreement is made it is too late to change your mind.

When a lessor grants a tenant a right to occupy a property to use as a residential property, both parties have entered into a residential tenancy agreement. A residential tenancy agreement can be written or oral or a combination of both.

However, it is advisable that all tenancy agreements be in writing to avoid any confusion that may arise as it is very hard to prove what information was included as part of an oral agreement.

For more information visit the Residential Tenancies Authority (RTA) on http://www.rta.qld.gov.au.