If you have a tenancy dispute it is important to find out what your legal rights and responsibilities are as the tenant. You are then in a better position to negotiate.

It can also be helpful to write to the agent or lessor about the tenancy dispute. Remember to include what outcome you think is appropriate to resolve the dispute. If the dispute relates to a breach of the agreement by the other party it is important to issue a Notice to Remedy Breach form 11. Remember to keep a copy of any letters or forms that you send.

If you are unable to resolve a dispute yourself you apply to the Residential Tenancies Authorities (RTA) free Dispute Resolution Service for assistance. You will need to send the RTA a completed Dispute Resolution Request form 16. It may take several weeks for the RTA conciliator to contact you so indicate on the form if the matter is urgent. You can also attach copies of any forms or letters you have sent to the lessor that explain the dispute.

If the RTA conciliator cannot assist you and the lessor or agent to reach and agreement the RTA will issue you with a Notice of Unresolved Dispute. You can then apply to the Small Claims Tribunal for a tenancy hearing.

In the Tribunal a Referee can examine your evidence and make a final decision about the matter. The Referee can make a range of orders, such as orders that action be taken, that compensation be paid, that rent be decreased, that bond be refunded or that a tenancy be terminated. Tribunal decisions are final and binding on both parties.

Under the Act some matters are grounds for “Urgent” application direct to the Small Claims Tribunal. In these cases it is not necessary to first apply to the RTA dispute service before making an application to the Tribunal for a hearing.

Most Urgent applications to the Tribunal relate to termination of the tenancy. Other Urgent Tribunal applications include applications about urgent repairs that affect the health or safety of tenants applications to dispute abandonment orders or applications to dispute seizure of goods by the lessor or agent.

Please read the following fact sheet for further detailed information:
Tenancy Diputes Fact Shet ~ from TUQ

The tribunal can hear claims up to $7,500 (there is no limit on the amount if the dispute is about a bond). Depending on the amount of the dispute a filing fee of between $13.50 and $74.00 applies to lodge an application for a hearing. Parties must usually apply for a hearing at the tribunal located closest to the rental premises.

The tribunal is not a court, legal representation is not allowed and parties must represent themselves. Small Claims Tribunal decisions are final and binding on both parties and there is no right to appeal decisions.

If you are notified about a tenancy hearing in the Small Claims Tribunal it is important to attend. If you are not present a decision will be made solely on evidence presented by the other party.

If the Tribunal makes a decision and you were not present at an original hearing because you did not receive the Tribunal notice or serious circumstances prevented you from attending you can apply to the Tribunal for a re-hearing of the matter. You must lodge this application within 28 days of the original decision. The tribunal will not automatically grant your request for a re-hearing.

For information about going to the Small Claims Tribunal see the information sheet below. The RTA booklet Handing Tenancy Disputes in the Small Claims Tribunal is also available on the RTA website.

If you need help to apply to the Small Claims Tribunal, or respond to a Small Claims Tribunal matter, you can contact the Tenants’ Union of Queensland Statewide Telephone Advice Service or your local Tenant Advice and Advocacy Service.

Please read the following fact sheet for further detailed information:
Small Claims Hearings - Helpful Hints ~ from TUQ

In most cases if the lessor or agent wants to end your tenancy they must give you a Notice to Leave or else obtain an urgent termination order from the Small Claims Tribunal.

In Queensland lessors can issue tenants with a Notice to Leave without grounds (without reasons). To terminate your tenancy without grounds the lessor must give you at least 2 months Notice to Leave if you have a periodic tenancy. If the premises are sold and you have a periodic tenancy the lessor can give you 4 weeks Notice to Leave.

If you are coming to the end of a fixed term agreement the lessor can give you 2 weeks Notice to Leave without grounds (reasons) but this notice cannot ask you to leave before the end of the fixed term.

If you seriously breach a fixed term agreement and fail to remedy a Notice the Remedy Breach the lessor can then give you a Notice to Leave. If the lessor terminates your tenancy during the fixed term, because of your breach of the agreement, the lessor can still seek compensation from you for breaking the agreement before the end of the fixed term.

If you receive a Notice to Leave it is a good idea to find out about your rights before you move out. This is especially so if you dispute the reason your lessor is asking you to leave, or if think your lessor has not met all the legal requirements to end your tenancy.

In certain circumstances your lessor or agent can also apply to the Small Claims Tribunal for a Termination Order and a Warrant of Possession (and order giving them the right to have police remove you from the premises). For example a tenancy can be terminated due to objectionable behaviour by the tenant, because of damage or injury by the tenant or because of excessive hardship suffered by the lessor.

In Queensland self eviction by the lessor or agent is unlawful. If you have received a Notice to Leave and fail to move out the lessor must apply to the Small Claims Tribunal for a termination order and Warrant of Possession.

If you are notified about a Tribunal hearing it is important to attend the hearing, especially if you have evidence to dispute the reason the lessor is ending the tenancy, or can demonstrate a willingness to remedy an outstanding breach. If you attend the hearing the Referee will look at your evidence and may decide to allow the tenancy to continue.

Please read the following fact sheet for further detailed information:
Lessor ends Tenancy Fact Sheet ~ from TUQ

The laws that affect your rights and responsibilities as a tenant are set out in the Residential Tenancies Act 1994. The Act includes requirements that you must follow if you want to end your tenancy. Under the Act there are a number of different ways to end a tenancy. The steps you must take will depend on the type of agreement you have and your reason for leaving.

If you are a periodic tenant and want to end the tenancy you must give the lessor or agent at least 2 weeks written notice on a Notice of Intention to Leave from 13. You must also give 2 weeks Notice of Intention to Leave if you want to leave at the end of your fixed term agreement.

If you have a fixed term tenancy and leave before the end of the agreement the lessor can seek compensation from you for any financial loss they suffer due to your breach of the contract. The lessor can claim the cost of advertising and reletting the premises and can seek rent until replacement tenants are found.

If you break a fixed term agreement your lessor has an obligation to take all reasonable steps to minimise their financial loss. For example the lessor should re-advertise the property at the same rent and should not unreasonably refuse suitable replacement tenants.

If you have to break a fixed term agreement you could consider the following options:

Negotiate a mutual termination agreement with the lessor, this agreement must be in writing. It should clearly state whether or not you have any further liability for rent of other costs after the agreed ending date.

Ask the lessor or real estate agent to advertise the property. Remain in the property until replacement tenants are secured. You still may be asked to compensate the lessor for the cost of advertising and the reletting fee charged by the agent, which is usually equal to one weeks rent.

You could seek replacement tenants to take over your tenancy, however the lessor or agent must give their written permission before new tenants can move in. Replacement tenants will usually have to fill in an application form and then sign a lease.

In cases of Excessive hardship you could apply to the Small Claims Tribunal for a termination of your tenancy agreement. If the Tribunal agrees to terminate your tenancy but does not make an order about compensation the lessor may still have the option to re-apply to the Tribunal and seek compensation from you for your breach of the agreement.

The lessor or agent cannot unreasonably refuse you permission to transfer or sub-let the premises to replacement tenants. If there is a dispute you can apply to the RTA dispute service and the Small Claims Tribunal for an order.

Please read the following fact sheet for further detailed information:
You want to leave Fact Sheet ~ from TUQ

Under the Residential Tenancies Act the Lessor or their agent must take reasonable steps to ensure that as the tenant you have peace, comfort and privacy in your rental premises.

The Act also sets out limited situations in which the lessor or their agent can enter your home and these situations are covered in the Act by the Rules of Entry.

Unless you have agreed to the entry or it is an emergency situation the lessor or their agent must provide you with written Entry Notice form 9 for the proposed entry, stating the reason for the entry and the proposed time of entry.

The proposed time of entry must be reasonable and must respect your rights to privacy as the tenant. In general tenancies the lessor or agent must give you at least 24 hours notice of a proposed entry. In the case of inspections these can only be carried out once in a 3 month period and the Entry Notice must give you 7 days notice of the inspection.

If you dispute an Entry Notice contact the lessor or agent straight away and folllow this up with a written notice. If the lessor has breached your rights to privacy you can issue them with a Notice to Remedy Breach form 11. If you and the lessor or agent have a dispute about entry you can apply to the RTA Dispute Resolution Service for conciliation. If the matter cannot be resolved you can apply the Small Claims Tribunal for a tenacy hearing where a Referee can make a decision about the dispute.

Tenants also have rights to privacy in relation to their personal information. These are covered under the Commonwealth Privacy Act, National Privacy Principles. In Queensland the Property Agents and Motor Dealers Act Code of Conduct also requires that real estate agents ensure confidentiality of your personal information.

Please read the following fact sheet for further detailed information:
Entry & Privacy Fact Sheet ~ from TUQ

During the tenancy the lessor must ensure that repairs and maintenance is carried out. Failure to comply with the repair requirements of the Act represents a breach of the agreement.

Tenants have an obligation to notify the lessor or agent about any damage to the premises or repair and maintenance issue. It is best to do this in writing so that you can keep a written record. Tenants can use a Notice to Remedy Breach form 11 to notify the lessor or agent about repairs.

Tenants must take care for the premises during the tenancy and are responsible for any damage to the premises caused by the tenant or their visitors during the tenancy. However tenants are not responsible for maintenance that is the result of fair wear and tear arising from the reasonable use of the premises over time.

At the end of the tenancy tenants must leave the premises in the same condition they were in at the start of the tenancy, fair wear and tear excepted.

Disputes can arise at the end of the tenancy regarding damage and maintenance. To protect themselves tenants should carefully complete an Entry Condition Report when they move into the premises and complete and Exit Condition Report when they move out. When vacating premises it is also useful to take photos of gather other evidence to avoid possible disputes over the refund of the bond.
Please read the following fact sheet for further detailed information:
Damages & Repairs Fact Sheet ~ from TUQ

The Residential Tenancies Act 1994 provides tenants and lessors with rights and responsibilities regarding the payment and collection of rent. As a tenant it is important to understand the legal requirements affecting your rent payments.

The Act sets out certain approved ways to pay rent. If your tenancy agreement states how your rent is to be paid this cannot be changed unless you agree in writing to the change. The Act also sets our rules for other charges you may be liable for such as excessive water use or shared utility costs. Your liability for these charges should be noted in your tenancy agreement.

It is always a good idea to keep a record of your rent payments. When you pay rent in cash or cheque your lessor must provide you with a receipt. If you pay rent in another way the lessor must keep a rent record of all rent payments. Your lessor must provide you with a copy of your rent record if you request one.

Please read the following fact sheet for further detailed information:
Rent and other charges fact sheet ~ from TUQ

A bond is money that the lessor or agent can ask you to pay at the beginning of your tenancy. This is financial security for the lessor in case you don’t follow the terms and conditions of the tenancy agreement. The Act sets out maximum amounts for rental bonds. In Queensland all bonds for rental accommodation must be lodged with the Residential Tenancies Authority during the tenancy.

When you pay a bond you must be given a receipt. You should also complete a Bond Lodgement form 2 with the lessor or agent. The person you pay your bond to must lodge your bond with the Residential Tenancies Authority (RTA) during the tenancy. Failure to lodge a bond is a serious offence and can result in prosecution by the RTA. If you contribute to a bond in shared accommodation you can use a Change of Shared Bond form 6 to register changes to an existing bond held by the RTA.

At the end of your tenancy you can complete a Refund of Rental Bond form 4 to apply to the RTA for your bond refund. If you and the lessor and any co-tenants have all signed the form this is an automatic agreed refund. You can lodge agreed bond refund forms with the RTA or at any Australia Post Office.

At the end of the tenancy if all parties do not agree and sign the Refund of Rental Bond form you can complete and sign your own form and post it into the RTA . The RTA act on the first form they receive. Other parties will be notified and given an opportunity to dispute the bond claim. Time limits apply.

If you are disputing a bond refund claim you will need to apply to the RTA dispute resolution service using a Dispute Resolution Request form 16. If you and the other parties cannot come to an agreement about the bond the RTA wil send you a Notice of Unresolved Dispute.

If all parties reach an agreement to resolve a bond dispute you can simply all complete and sign a new Refund of Rental Bond form 4 to automatically release the bond. If you agree to release your bond to the other party ensure that the agreement is “in full and final settlement” of all claims and note this on the bond refund form.

If the RTA receives a claim for the bond and other parties fail to proceed with a bond dispute within the required time limits the bond is automatically released according to the first Refund of Rental Bond form lodged with the RTA.

To proceed with a bond dispute you must apply to the Small Claims Tribunal for hearing. In the Tribunal a Referee will look at the evidence presented by each party. In the Tribunal it is important to have evidence to refute claims by the other party and to support your case, such as copies of Entry and Exit Condition Reports, rent records, receipts for any carpet cleaning etc and statements from any witnesses.

Please read the following fact sheet for further detailed information:
Rental Bond Fact Sheet ~ from TUQ

The Residential Tenancies Act 1994 is the law that applies to all tenancies in Queensland. This Act sets out rules for renting and the rights and responsibilities for tenants and lessors.

At the start of a tenancy your lessor must provide you with a written agreement. If you are a tenant and you do not have a written agreement the Act will still apply to your tenancy. Your lessor is in breach of the Act if they fail to provide you with a written agreement.

Your written agreement must include all the key terms relating to your tenancy including the names of the parties, the amount of rent and how it must be paid, the number of occupants, whether pets are approved and any other terms of the agreement. Terms of the agreement must not contradict the requirements of the Act.

A tenancy agreement is a legal contract so before you sign it always read the agreement carefully and make sure you understand it. After the agreement is signed and witnessed your lessor must give you a copy. Your lessor must also give you a copy of the RTA Information Statement booklet.

When you start a tenancy your lessor must also provide you with a completed Entry Condition Report. This form records the condition of the premises when you move in and can provide you with important evidence if there is a bond dispute when you leave. You should write your comments on the form, especially if you disagree with comments by the lessor or agent. You must return a completed copy to the lessor within 3 days and should also keep a copy for your records.

Always make sure that you get a receipt and keep a record of any payments for rent or bond. Your lessor can charge a security bond for the tenancy but should not charge you more than the maximum amount. The Act also sets out rules for how much rent in advance you can be asked to pay. All bond money must be lodged with the Residential Tenancies Authority during your tenancy.

Tenancy applications are not regulated under the Act. When you lodge an application for a tenancy make sure you read it carefully and keep a copy. Be aware that once your offer is accepted you may be bound to go ahead with the tenancy or face financial penalties if you don’t.

When you apply for a tenancy you may be asked to pay an application fee or a holding deposit. Holding deposits are regulated under the Act however application fees are not. If you agree to pay an application fee make sure you get a receipt and have a clear agreement about when you will be notified about your application. Your fee should be refunded if you are not accepted for the tenancy or if you withdraw your application before it is approved.

Please read the following fact sheet for further detailed information:
 Starting a Tenancy Fact Sheet ~ from TUQ

The Residential Tenancies Act 1994 is the law that applies to all tenancies in Queensland and sets out the rights and responsibilities of tenants and lessors. The Act covers people who rent flats, units houses or caravans and includes people whether they rent in public or community housing or from a real estate agent or private lessor. The Act will apply whether or not you have a written agreement with the lessor or agent.

The Residential Tenancies Act does not include some forms of accommodation including educational institutions, nursing homes, retirement villages and emergency accommodation that is for less than 13 weeks.

A different Act called the Residential Services Accommodation Act 2002 covers the accommodation rights of residents who rent a room in a boarding house, hostel or an aged rental complex.

The Residential Tenancies Authority is the Queensland government body that oversees both the Residential Tenancies Act and the Residential Service Accommodation Act. The Authority also provides information, forms, a bond custodial service and a free dispute resolution service for people covered by these Acts.

Please read the following fact sheet for further detailed information:
 Are you Covered Fact Sheet ~ from TUQ