Residential Property Leases

From simple commercial property leases all the way to retail tenancy leases, Perth Legal Property & Settlements can help with the process of drafting these leases and understanding the legislation that surrounds these leases. Keeping you in the know about all your leases, we work with both tenants and owners, allowing us insights into both defence and attack

Most people, at some stage, have either rented or leased out a property. In these circumstances, the Residential Tenanciers Act 1987 applies and can incorporate various terms and requirements into your residential lease. Failure to comply with some of these requirements can results in fines as much as $5,000 for landlords.

If you are entering into a residential tenancy, the Act inclides the following requirements:

(a) there must be a lease in the form prescribed by the Act;

(b) there must be a property inspection report within 7 days of occupation and, again, within 14 days of termination;

(c) the landlord must keep various records of every payment of rent;

(d) the tenant cannot refuse to pay rent with the intention that the rent come out of the bond; and

(e) it is an implied term the tenant will keep the property in a state of cleanliness, notify the landlord of any damage and not negligently cause or permit to be caused, damage to the property. 

If there is a dispute, usually the closest Magistrates Court is the relevant court to apply to. If the amount being argued about is under $10,000, then lawyers generally cannot act for you in court. We can provide advice to you at our standard hourly rate but you are unlikely to be able to recover this from the other party if you are successful.

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