Update
Rental law changes introducing minimum housing standards came into effect for new tenancies (including renewed tenancy agreements) from 1 September 2023, and will come into effect for all remaining tenancies on 1 September 2024.
What is a tenancy agreement?
A tenancy agreement – also known as a lease – is a legally binding contract between a property manager/owner and a tenant/resident.
It outlines each party’s legal rights and responsibilities throughout the duration of the tenancy, including the standard terms set out in the Residential Tenancies and Rooming Accommodation Act 2008 and any additional special terms agreed to by both parties.
A tenancy agreement must be:
- documented in writing
- provided by the property manager/owner to the tenant/resident either on, or before, the day the tenant/resident occupies the premises and before any monies are paid
- accompanied by a copy of either the Pocket guide for tenants – houses and units (Form 17a) or Pocket guide for tenants – caravan parks (Form 17b).
It is an offence not to provide the tenant with a written agreement.
Property managers/owners are responsible for covering the cost of preparing the agreement, which must be written in a clear and precise way.
If a tenant/resident is occupying a premises without a written tenancy agreement, they still have legal protections under Queensland’s tenancy laws and can contact the RTA for support.
Types of tenancy agreements
The Act includes provisions for:
- General tenancy agreements
Used when renting a house, unit, apartment, townhouse, houseboat, or secondary dwelling. - Moveable dwelling agreements
Used when renting a caravan, moveable dwelling or site. - Rooming accommodation agreements
Used for boarding houses, supported accommodation services, off-campus student accommodation and other rooming style accommodation.
The Act does not apply to:
- contracts of sale or mortgages if the sale of contract is for 28 days or less
- holiday lettings (e.g. Airbnb)
- rental purchase plan agreements
- temporary refuge accommodation (e.g. a women’s shelter)
- commercial property (e.g. shop leases)
- renting outside of Queensland.
What's included in a tenancy agreement
All tenancy agreements must include:
- the name and address of the property manager/owner and tenant/resident
- the start and end date of the agreement (or state that it is periodic)
- how the tenant should pay rent and how much is to be paid
- contact details for nominated repairers
- standard terms outlined under the Act
- any special terms (these should be agreed in advance, e.g. who is responsible for pool maintenance).