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.

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. short-stay listings on Airbnb)
• rental purchase plan agreements
• temporary refuge accommodation (e.g. a women’s shelter)
• commercial property (e.g. shop leases)
• renting outside of Queensland.

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
• the date of the last rent increase
• 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).

Rent increase requirements do not apply to exempt property managers/owners or exempt providers. The Act provides definitions for an exempt property manager/owner and an exempt provider.

The requirement to provide evidence of a rent increase does not apply if the premises is purchased within 12 months of commencement, and the property manager/owner does not have information about the date of the last rent increase. For more information, please visit our Rent increases webpage.