If you think the rules and regulations around tenant rights can be somewhat confusing, try moving interstate.
While many laws are the same or similar no matter which state you’re in, there are many that differ slightly or substantially, so it pays to know where you stand based on where you’re living.
Here are four of the major differences from state to state.
Tentant’s rights differ from state-to-state, so it pays to look into the rules and regulations relative to your state. Picture: Getty
Notices to vacate
In Queensland, a landlord must give you at least two months notice to end a tenancy early, but only if it’s a periodic lease. If there’s a fixed term in place, as the tenant you have the right to see the agreement through, unless you’ve breached the agreement or mutually agree to end it early.
New South Wales landlords can’t end a fixed-term agreement before the end of the agreement, unless they have specific grounds for doing so (i.e. you’ve breached the agreement). If they wish to give you notice at the end of the fixed agreement, it must be at least 30 days in advance, however if the fixed term has ended and your lease is periodic, you must receive 90 days. If you breach your agreement at any time, you can receive just 14 days notice.
Like most states, Victorian renters can’t be asked to vacate a rental property before the end of a fixed-term lease, unless they’ve broken the terms of that lease. Once the fixed term has ended and the lease is month-to-month or an alternative period, in most cases a landlord must give you at least 60 days notice and must provide a reason for the notice (for example that they plan to sell the property or have their own family move in). If they cannot provide a reason, the notice must be 120 days.
In South Australia, a tenant must receive at least 28 days notice if they’re being asked to leave at the end of a fixed-term lease, or at least 60 days notice if they plan to sell, demolish or occupy the house during a periodic lease or after the fixed-term lease has expired. If they cannot offer a reason, it must be at least 90 days.
Western Australian tenants must receive a minimum of 30 days notice at the end of of a fixed-term tenancy, or during a periodic tenancy if the property is to be sold, and 60 days if the landlord wishes to end the tenancy without a reason.
Watch: Issues facing Australian renters
Pets
Ah, the murky, murky waters that are pet ownership as a renter.
Rights around pets are among the most sensitive and discussed of all tenant rights, but the good news is that in some states, it’s getting easier to bring Ralph or Whiskers with you when you move house.
In Victoria, it could soon be easier to own a pet in a rental property, with the State Government introducing reforms that would make it difficult for landlords to refuse pets. As it currently stands, the Residential Tenancies Act doesn’t preclude pets, however many landlords have “no pet” clauses in the lease, so you’ll need to get their permission first.
In New South Wales, there’s nothing in the state’s Residential Tenancies Act that says you can’t have a pet, but landlords can insert their own pet-preventing clauses into leasing agreements.
Queenslanders have it tough – they must get written approval to have a pet in a rental property. And the state’s Residential Tenancies Authority estimates only about 10% of landlords currently allow pets in their property. Considering around 63% of residents have pets, that can make securing a rental a very challenging proposition.
In Western Australia, you can only keep pets if you’ve got your landlord’s permission, and it’s also the only state that allows landlords to charge you a “pet bond” of up to $260, to cover cleaning and fumigating when you vacate, if required.
And in South Australia, you’re also only permitted to have a pet if you’ve got your landlord’s consent.
The good news is it’s becoming easier to rent with pets. Picture: Getty
Landlord access for inspections
Landlords in New South Wales must give you at least seven days written notice for routine inspections, and can conduct as many as four inspections in any 12-month period.
In Victoria, as a tenant you’re only required to receive 24 hours written notice, but inspections can only occur every six months, and not within the first three months of the tenancy.
Queensland landlords must give you at least seven days notice for a routine inspection, and may conduct only one inspection every three months.
In South Australia, you must receive between seven and 14 days written notice from your landlord, and they’re allowed to inspect far more often than in other states – not more than once every four weeks.
It’s a similar time period in Western Australia: seven to 14 days notice, but not more than four inspections per year.
Landlord access for inspections vary greatly, with seven days notice in New South Wales and just 24 hours for Victoria. Picture: Getty
Emergency landlord access
Victoria is the only state that requires landlords to give notice (24 hours) and gain consent in order to enter a rental property for an emergency.
In other states, landlords can enter the premises at any time, provided there is a genuine emergency, there are urgent repairs required, the landlord has serious concerns for the welfare of a tenant and has made attempts to gain consent, or if they believe the property has been abandoned.
