What Should You Know about the Tenancy Law in Australia?

You can opt to move interstate if you think the rules and regulations concerning tenants’ rights are confusing. While most of the laws are the same, no matter which Australian state you live in, there are some that can differ.

This is why before you contact tenancy lawyers in Perth, you need to know more about the specific rules in your state. In this guide, you will know everything about tenancy law in Australia and the different laws in Australian states.  

When Your Landlord Wants You To Move Out Of The Property 

The tenancy laws are not the same in every Australian state; the laws or rules in each Australian state are as follows:

  • The Australian capital territory  

In this territory, a landlord will not be able to evict you if a fixed-term agreement has been made unless you did not violate the terms of the agreement. But if the agreement was periodic, they can evict you on some weeks of notice if they have a cause. 

  • Queensland 

In this area, a landlord needs to provide you at least two months to end the tenancy two months before if you are on a periodic rent. But if you are on a fixed agreement, the landlord cannot evict you unless you have breached the agreement or agree to end the lease early. 

  • New South Wales 

The landlords in New South Wales cannot end any fixed-term agreement before the agreement reaches its end. But if you have violated rules as per the agreement, you might be evicted from the household. 

If they do not give you notice 30 days in advance before the end of the fixed agreement, you can contact tenant lawyers in the area. You will be given 14 days of notice if you breach the agreement. 

  • Victoria 

Similar to the other states, if you are a renter in Victoria, you will not be asked to vacate your property before your fixed-term lease ends. But if you break the terms of the lease or violate any agreement, you may be asked to vacate the property. 

After your fixed term has ended and the lease is on a monthly basis, the landlord needs to provide you with at least a 60-day notice and give a valid reason for the notice. The notice needs to be 120 days if a reason cannot be provided.  

  • South Australia 

In this part of Australia, you need to receive at least a 28-day notice before asking to leave at the end of a lease agreement. You also need to be given at least a 60-day notice if the landlord wants to sell, demolish or occupy your house.  

  • Western Australia 

In Western Australia, a landlord must provide its tenants at least 30 days’ notice at the end of a fixed-term tenancy. If the landlord wants to end your tenancy without any reason, they must give you at least 60 days. Otherwise, you can opt for property lawyers in Perth, WA. 

  • Tasmania 

In this part of Australia, after a fixed-term agreement ends, the landlord needs to give you at least 42 days’ notice for moving out. A landlord can also give you 42 days’ notice if they are not willing to renew the lease when it’s nearing its end. 

  • Northern territory 

Landlords in the northern territory are required to provide at least 14 days’ notice for ending a tenancy after the fixed-term agreement expires. If that period is over, but the lease did not, they need to provide you with at least 42 days’ notice. 

If You Want To Keep Pets On The Property 

Pet rights are part of the tenant rights, but in some states, it is easier to bring pets with you when you move house. The rules in different states and areas of Australia are:

  • ACT

In the Australian Capital Territory, the state government created specific laws in February that allow all renters to own and bring a pet. Under these rules, a landlord needs to provide proper reasons for refusing a request for any pet

  • Victoria

In Victoria, it is easier for people to own a pet in rental properties. The government there passed reforms to the Residential Tenancies Act of Victoria some years ago, and pet ownership was also touched.  

As per the Residential Tenancies Act, there is a “no pet” clause in the lease for landlords to include in this state. But under the new laws, these clauses will not be included in the tenancy agreement. 

  • NSW

You can have pets as per the tenancy rules in this specific Australian state, but landlords have the privilege to include own-pet preventing clauses in their agreements. As per NSW Fair Trading, you need to seek permission from your landlord before you bring your pets with you. 

  • Queensland 

In this Australian state, you are required to get written approval if you want to have a pet in a rental property. As per the estimates of the state’s Residential Tenancies Authority, only around 10% of landlords allow you to have pets on their property. 

But it will likely change in the future, as the state government is expected to introduce new reforms to the tenancy act. Those changes can allow you and the other renters to have a pet. But even after those changes, if you are not allowed with a pet, the best property lawyer can help. 

  • Western Australia 

In the western part of Australia, you are only able to keep your pets if you have the permission of your landlord. This is the only state in Australia where landlords can charge renters with a “pet bond” of around $260 to cover cleaning costs when you vacate.  

  • Northern Territory and South Australia 

In these specific Australian territories, there are no rules related to pets and tenancies; it depends upon the landlord whether you keep one or not. They might have a ‘no pet clause’ in their agreement, and you will need to negotiate with them in such cases. 

Final Words 

The above guide can help you know about Australia’s different tenancy laws. You need to know the tenancy and pet rules if you rent a house anywhere in Australia, but if you feel that the landlord is not following the rules and you are not given a notice before being evicted, tenancy lawyers in Perth can help you get justice.

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