In this case, QCAT considered that the specific conditions were strengthened, but did not intend to change the terms of the RTRA Act and the general lease. Now you have your rental contract you need to make sure it contains everything you need. The Magistrate indicated, however, that the situation could be different if the carpets had not been professionally cleaned at the beginning of the lease, since a tenant must leave the premises only in the state he was in at the beginning of the lease, with the exception of fair dealing. Short-term leases can be written or oral, but we recommend the use of written leases. Owners and tenants can use our Form 1 – Rental Agreement (Word, 1.5MB). The lease is usually 6 months or one year for a fixed period. Neither the tenant nor the landlord can terminate the lease prematurely, unless there is a break clause. There are three main types of break clauses: a complaint from QCAT in 2019 revealed that when a leased property was gassed and carpets were professionally cleaned at the beginning of the lease, a particular term in the lease required the tenant to have the carpets cleaned professionally at the end of the lease and the premises were recursed by a professional begaser, was enforceable. The tenant had kept five pets in the unit and, by the end of the lease, had done his own carpet cleaning and fumigation treatment. What should I do if my leases contain specific conditions that may not be compliant? Specific conditions may be added to a lease agreement, but are not applicable if they are opposed to a standard term of the lease or the Housing Lease Act.
Specific conditions are generally used to develop a standard lease life or to make it a little clear. 1. Keep the carpet clean at the end of the lease: clauses requiring professional carpet cleaning are not legally binding. However, tenants must leave the premises in a reasonable and clean correct standard. The longer the lease, the more likely it is that the carpet will need to be cleaned. 2. No pets, only a cat, etc.: generally considered a special acceptable condition. In the event of an infringement, the lessor may, at the end of the lease, claim costs for damages considered to be greater than the expected „wear and tear“. 3. Maximum number of tenants: Not the number of tenants, but the number of people/residents who may reside in the dwelling. 4. Renters to ventilate the house and use non-portable gas heaters: This is intended to remind tenants that landlords and tenants have a role to play in preventing moisture and moisture damage.
5. Tenant to pay the call fee for craftsmen: the landlord would pay the call fee for general repairs and maintenance, and the tenant would pay for the necessary repairs because of the intentional or reckless behaviour of the tenant or his guests. Tenants are not obliged to leave a property „as far as possible, in the state it was in at the beginning of the lease, with the exception of fair wear and tear.“ Owners cannot add conditions that may be against the law. The purpose of many special conditions is to explain the owner`s expectations about how the property is maintained, so do not assume that the owner is „up to nothing good“ simply because there are many special conditions in the contract. The risk for owners to include many special conditions is that the contract becomes overwhelming and that the really important features of the contract can be lost.