What is a Lease?

A lease, or rental agreement, is a contract between you and the landlord or real estate agency that sets out your terms and conditions of the tenancy.

A lease should include:

  • how much rent you have to pay, when it is due and how it is to be paid;
  • how much bond you have to pay;
  • the names of the tenants;
  • when the lease starts, how long the lease is for, and the date that the lease ends;
  • who to contact if something needs repairing;
  • your obligation to keep the house clean and tidy.

The lease may also include things like:

  • if you are allowed to have pets at the property; or
  • whether any utilities are included in the rent (ie. water and electricity).

You will be asked to sign the lease agreement – make sure that you read it carefully and completely understand the lease that you are signing, and that you ask for a copy of the signed document and keep it in a safe place – having a copy of the lease may assist you at a later stage if any dispute is raised concerning the terms of your agreement.

As well as your lease or rental agreement, it’s also a good idea to keep a copy of the completed condition report for the property and a copy of the body corporate by-laws if applicable.

Check below for who to contact in your region if you need help or advice with a lease.

Differences between states

Northern Territory

Any extra rights and obligations that are not contained in the lease you can find in the Residential Tenancies Act. Where a term in the lease conflicts with the Residential Tenancies Act, the Act overrides the lease.

Make sure that you completely understand the lease that you are signing. If you do not understand the lease you can seek free legal advice from the Central Australian Women’s Legal Service on 1800 684 055 or the Tenants Advice Service on 1800 812 953.

ACT

Any extra rights and obligations that are not contained in the lease you can find in the Residential Tenancies Act 1997 (ACT).  Where a term in the lease conflicts with the Residential Tenancies Act, the Act overrides the lease.

Make sure that you completely understand the lease that you are signing. If you do not understand the lease you can seek free legal advice from the Tenants Union ACT Advice Service.

Western Australia

Any extra rights and obligations that are not contained in the lease you can find in the Residential Tenancy Act 1987 (WA). From 1 July 2013, landlords must use the leases prescribed by the Residential Tenancies Act 1987 WA for written leases.

Where a term in the lease conflicts with the Residential Tenancy Act, the Act overrides the lease.

Make sure that you completely understand the lease that you are signing. If you do not understand the lease you can seek free legal advice from Tenancy WA on 08 9221 0088 (Metro) or 1800 621 888 (Country).

NSW

Any extra rights and obligations that are not contained in the lease you can find in the Residential Tenancies Act.

Make sure that you completely understand the lease that you are signing. If you do not understand the lease you can seek free advice from a Tenants Advice and Advocacy Service in your area. Contact Tenants NSW website for contact details.

Victoria

There are generally two types of leases, fixed term or periodic lease.

Fixed term is an agreement for a set period of time. A periodic lease is sometimes known as a month by month lease. Sometimes people might have a periodic lease when their fixed term lease ends.

For information about renting or leasing  and also about what to do if things go wrong, check out the links below:

South Australia

Don’t sign a document if you don’t understand it. Ask the landlord for explanations of any items that are confusing or that you are unsure of. If you have any concerns about a lease agreement contact Consumer and Business Services (CBS).

Tasmania

Any extra rights and obligations that are not contained in the lease will be covered by the Residential Tenancy Act.  Where a term written in a lease conflicts with the Residential Tenancy Act, the Act overrides the lease.

If you do not understand the lease you can seek advice from Women’s Legal Service Tasmania or the Tenants Union.

Queensland

It’s recommended that you have a written lease, which must contain the standard terms as set out in the Residential Tenancies and Rooming Accomodation Act 2008 (Qld), but can contain additional terms, so long as they don’t conflict with the legislation. The Act will still protect your interests as a tenant though, regardless of whether you have a written or verbal agreement.

Any extra rights and obligations that are not contained in the lease will be covered by the Residential Tenancies and Rooming Accommodation Act.

If you have any questions or concerns about your rental agreement, you can contact the Residential Tenancies Authority (RTA) on 1300 366 311, or go to their website to find more information or to submit an online enquiry.

If you do not understand your rental agreement, you can also seek advice from Women’s Legal Service Queensland.