If the tenant and lessor/agent agree on how the bond is to be refunded, they both sign the refund form and either post it to the RTA, or fax it free of charge at an Australia Post outlet. If the parties do not agree on how the bond should be refunded, either party can post a Refund of Rental Bond (Form 4) to the RTA, which will process the first form received.
Know your rights and responsibilities when renting in Queensland
A Notice of Claim will then be sent to the other party at the last known address. The other party has 14 days from the date of the notice to advise the RTA which of the following options they will pursue:
- applying to the RTA for dispute resolution by submitting a Dispute Resolution Request
(Form 16), or
- negotiating with the other party directly and resubmitting a new Refund of Rental Bond (Form 4) agreed to and signed by both parties. If no action is taken by the other party within the 14 days, the RTA will refund the bond as requested on the first form received. If the dispute cannot be resolved, the person responding to the claim on the bond can apply to the Tribunal for a hearing. For more information see the Rental bond fact sheet.
A tenant or lessor/agent wishing to break the lease may do so with the mutual agreement of the other party. It is advisable to get the approval in writing if there is an agreement to end the contract early. The lessor/agent may claim compensation for the
reasonable costs incurred because the tenant leaves early. This may include loss of rent if they can not find a replacement tenant, but the lessor/agent has an obligation to reduce or minimise losses that result from the tenant breaking the agreement. In some circumstances, a tenancy agreement can be ended if the lessor or tenant is experiencing excessive hardship, such as financial or personal difficulties. They will need to make an urgent application to the Tribunal for an order terminating the agreement on the
grounds of excessive hardship. A compensation order may also be given by the Tribunal.
For more information see the Ending a tenancy agreement fact sheet.
The Act specifies that the lessor is responsible for:
Maintaining the premises in such a way that the premises remain fit for the tenant to live in, and
Maintaining the premises and inclusions in good repair, that is, in a good working condition, having regard to their condition at the start of the tenancy.
The tenant should inform the lessor/agent of any maintenance that is needed, preferably in writing. A Notice to Remedy Breach (Form 11) may beused for this purpose. The lessor/agent is then responsible for arranging for the repairs to be carried out within a reasonable time. For more information see the Rental premises – use, condition and repairs fact sheet.
The Act allows the lessor/agent to enter a rental premises for several reasons. To notify the tenant of the upcoming entry, the lessor/agent must use an Entry Notice (Form 9). The amount of notice needed depends on the reason for entering the premises. Most grounds for entry require 24 hours notice to the tenant (such as repairs or maintenance),
however there are a few exceptions. For example, seven days notice must be given if the purpose of the entry is to inspect the premises, and there must be at least three months between inspections. Entry must be at a reasonable time and cannot be on a Sunday, public holiday, or between 6pm and 8am, unless the tenant agrees. If the lessor/agent is
entering by themselves they must also nominate a two hour window in which they will enter. This does not apply to entry by people other than the lessor/agent, such as tradespeople. The Act now allows lessors/agents to enter a property to check that a significant breach has been fixed by the tenant, or to check repairs completed by a tradesperson. The tenant cannot refuse entry if the entry is for a lawful purpose, the correct notice has been given, and the entry is at a reasonable time. The lessor/ agent must also ensure they maintain the tenant’s right to privacy and quiet enjoyment.
For more information see the Entry and privacy fact sheet.