Landlord Rights and Responsibilities in Queensland

There are many landlord rights and responsibilites for a new investor, or even an experienced one, to understand when it comes to gaining success in real estate investing. Rental property investment success relies on understanding your basic rights and responsibilities as a property owner, from fulfilling compliance requirements to finding excellent tenants. These guidelines and rules outline what is required of you as a real estate investor and the obligations you must fulfil. 

Understanding your legal obligations as a landlord will help you avoid disputes, maintain the integrity of your rental property, and make your experience investing in real estate as easy and stress-free as possible.

Why do landlord rights matter?

Landlord obligations, in a nutshell, are a collection of legally binding guidelines that are relevant to landlords throughout Australia. These laws, which are enforced at the state level, outline the obligations that landlords have to their tenants while renting out their investment property. 

Landlord rights are primarily intended to protect tenants’ safety as well as to stop property damage and avoidable injuries. This is because landlords may experience severe legal and financial repercussions if they are determined to have been careless or to have violated their obligations and responsibilities.. 

As a landlord, you must be aware of the rights and obligations that are applicable to you based on the location of each of your rental properties. Each state and territory have their own laws and regulations regarding the rights and obligations of landlords and their rental properties.

Why should you review your landlord-related rights and obligations?

• Landlord rights explain your obligations to your tenants: Tenants who reside in your property may file a complaint against you if you fail to maintain it in a livable condition or if you violate any applicable property rules, which might have a significant negative impact on your rental income.
• Landlord rights are legally enforceable: Legal repercussions can lead to major consequences if you violate your landlord obligations and rights. However, by fulfilling your commitments, you can lessen the likelihood of legal action and save yourself from huge costs associated with going to court and hiring lawyers.
• Landlord rights keep your rental property compliant: Being aware of your rights as a landlord and maintaining property compliance can help you reduce your risk exposure, cut down on unneeded expenses, and maintain the quality of your property.

What responsibilities and rights do landlords have in Australia?

In general, landlords in Australia are required to meet minimal rights and obligations, such as:

• ensuring the structural integrity and exterior are legally compliant and well-maintained
• verifying that all services, including gas, electricity, and water, are connected and operational
• ensuring that all included appliances are installed securely and are maintained
• addressing any health issues (like mould) as soon as they arise
• observing the notice and entry guidelines for property inspections
• observing the guidelines for when and how often rent increases are permitted
• observing all requirements and obligations outlined in your particular tenancy agreement 

What legislation does a landlord need to be aware of?

Let’s go over the laws that relate to your investment property since each state and territory has its own unique landlord rights and responsibilities.

Landlord Rights in Queensland

In Queensland, landlord rights are enforced by the Residential Tenancies Authority (with rules set out in the Residential Tenancies and Rooming Accommodation Act 2008):

• Bond: For homes where the rent is $7000 or less per week, the bond must be submitted to the RTA by the landlord or property management and cannot exceed four weeks’ worth of rent.
• Rent increases: Unless specifically indicated in the tenancy agreement, this amount cannot be raised under a fixed-term agreement. Where the agreement does state a rental increase, its must be at least 12 months since the last increase, state the new rental amount and date the increase is to take effect, and the property manager/owner must also give the tenant or resident separate written notice of the increase at least two months’ notice prior to the increase, and the notice should include the increased amount and the date it takes effect.
  The property manager/owner and tenant can agree to a rent increase at the end of a fixed term agreement by entering into a new agreement. However, it must be at least 12 months since the last rent increase. There is no requirement to serve a notice about the increase.
• Rent arrears: If a tenant is seven days overdue in rent payments, the property manager/owner can serve a Notice to remedy breach. The tenant then has seven days to pay the outstanding rent. The tenancy may be ended if the tenant has not paid the outstanding rent in accordance with the Notice to remedy breach, giving the renter at least seven days to vacate the premises.
• Inspections: Tenants must be given at least 7 day’s notice before routine inspections and must comply with entry rules.
• Repairs and maintenance: The property manager/owner is responsible for ensuring the property is fit to live in and in a good state of repair. Landlords need to keep their rental property in a good state and must carry out repairs within a reasonable time and comply with entry rules.

This is a complicated and wordy list of rights and responsibilities. If you would like to discuss your situation in further details please contact us and one of our experienced rental team members will be happy to offer advice to suit your particular circumstances.