A tenancy agreement is a written agreement between a tenant or resident and a lessor, agent, provider, owner or manager.
Types of agreements include:
There may also be cases were the agreement is not covered by the Act or there is no written agreement.
A tenancy agreement must include:
- the name and address of the tenant, and the lessor, agent, provider, owner or manager
- the dates when the agreement starts and ends (or state that the agreement is periodic)
- details about how the tenant should pay the rent and how much rent is to be paid
- details about what the tenant and the agent, lessor, provider, owner or manager can and cannot do, known as ‘standard terms’
- any special terms (these should be agreed in advance, e.g. that dogs are allowed but must be kept outside or carpet cleaning)
Period of tenancy agreement:
- fixed term agreement - where a tenant/resident agrees to rent a property for a fixed amount of time (for example, 6, 9 or 12 months)
- periodic agreement - when a tenant/resident lives there for an indefinite period
- for caravan parks – short term (less than 42 days) and long term (more than 42 days)
- It is a legally binding contract.
- A written agreement must always be used when renting, even if the person renting is family or a friend.
- The tenant should be given the agreement before paying any money or being committed to the tenancy and should read it and ask questions if they do not understand anything in it.
- If a tenant does not have a written agreement they still have protection under the law.
- Information about renting in Queensland can be found in Pocket guide for tenants - houses and units (Form 17a) or Pocket guide for tenants - caravan parks (Form 17b).
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