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When renting a home in Australia, you can either rent a property through a registered real estate agent or rent directly from the property owner (landlord).
Renting a property using a real estate agency means that a registered agent will act as an intermediary between you and the landlord. They'll help you with the rental process, including showing you the property, processing your application, and managing your bond money.
Renting directly from the landlord is called a private lease (or private rental). This means that the landlord will handle the rental process themselves. This can be riskier for you as a tenant, because the landlord may or may not follow correct procedures. It also means that you would not be able to use the support services offered by real estate agencies.
Here are some of the most common questions international students have about their rights as a tenant in Australia, and what their landlords can and cannot do.
Can my landlord rent me the home if I haven't seen it?
By law, yes, they can. However, it is very important that you see the property before you sign a lease so that you can:
- see for yourself that it is a real listing
- check that the home is clean and secure, without mould or mildew, and that the appliances work
- ensure that the property is in a safe and convenient location, e.g. with transport and to campus nearby, and not too much noise from construction or major roadways, and
- meet the landlord of a private rental property and make sure they are a respectable, kind person.
Can my landlord ask for bond money before I sign a lease?
No. Landlords cannot ask for bond money (‘the bond’) before you sign a lease. It is important to have the contract signed first to protect your rights as a tenant under the law.
Can my landlord hold my bond money?
No. The landlord cannot hold your bond money.
The bond money must be held by your state or territory government's bond authority. It will be held with that authority until the end of the tenancy.
You can usually lodge this directly with the bond authority. However, if your landlord lodges the bond money for you, make sure they give you an official bond lodgment form to complete. After lodgment, they then must provide you with a receipt.
If there's any damage to the property at the end of your tenancy, the landlord can make a claim to use some or all of the bond money to cover the cost of repairs. If the property is left in good condition, the bond will be refunded to you after your ‘end of lease’ or ‘final’ inspection.
Does my landlord need to give me a condition report?
Yes. Your landlord must give you a condition report that outlines the details of any existing damage, such as marks on the walls or stains on the carpet. You'll then need to:
- check that the landlord’s condition report is accurate and if they have missed anything, add it to the report (it's a good idea to also take photos)
- return the condition report to the landlord within seven days of signing the lease
- make sure the report is signed by both you and the landlord, and
- keep a copy for your records.
The report can be used as evidence if there's a dispute about damage to the property at the end of the tenancy.
Can my landlord increase my rent whenever they want?
No. Your landlord cannot increase your rent without giving you proper notice in writing.
Most states and territories prohibit rent rises during a fixed-term lease. However, you need to check that your lease agreement, as it may have a clause that says rental increases are allowed.
If you think a planned rent increase is unreasonable, you can dispute it with your landlord or get help from the relevant state or territory rental authority (listed below).
Can my landlord enter my house or apartment without my permission?
No. Your landlord cannot enter your house or apartment without your permission. However, landlords are allowed to carry out routine inspections after giving you proper notice.
There are different state and territory laws regarding:
- the amount of notice they need to give, and
- how often your property can be inspected.
Can my landlord keep my bond money if I move out early?
It depends on the terms of your lease agreement. If you have a fixed-term lease and you break it by moving out early, your landlord may be entitled to keep some or all of your bond money. You may also need to pay for the advertising for them to find a new tenant.
However, if your lease is month-to-month and you give proper (agreed length of time) notice before moving out, your landlord must return your bond to you, minus any unpaid rent or damages.
Can my landlord evict me without a reason?
No. Your landlord cannot evict you without a valid reason. However, you can be evicted if you do not pay your rent, or you breach the lease agreement.
If your landlord wants to evict you, they must give you written notice and follow the legal process for eviction in your state or territory.
Can my landlord charge me for repairs to the property?
It depends on the nature of the repairs and who caused the damage. Repairs that are the landlord's responsibility include:
- plumbing issues
- electrical faults
- malfunctioning appliances such as your oven or fans, and
- issues with the structure of the house, such as a leaking roof or crack in the ceiling.
However, if the damage was caused by you or your guests, this is your responsibility to get it repaired. For example, if you caused a hole in the wall, you would need to pay for the repairs yourself.
If your landlord fails to repair something in your home, please contact your local tenant rights organisation.
State and Territory tenant rights organisations
If you have any questions or concerns about your landlord's behavior, consult your local student centre or tenant rights organisation, or seek legal advice.
You are entitled to a safe and comfortable rental experience in Australia and there is always someone who can help. If you’re not sure where to start, ask your education provider for advice. All states and territories also have a local student service, hub or support centre to help you, and you can also ask the tenants’ service in your state or territory.
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Tenants’ Advice Service and Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
When renting a home in Australia, you can either rent a property through a registered real estate agent or rent directly from the property owner (landlord).
Renting a property using a real estate agency means that a registered agent will act as an intermediary between you and the landlord. They'll help you with the rental process, including showing you the property, processing your application, and managing your bond money.
Renting directly from the landlord is called a private lease (or private rental). This means that the landlord will handle the rental process themselves. This can be riskier for you as a tenant, because the landlord may or may not follow correct procedures. It also means that you would not be able to use the support services offered by real estate agencies.
Here are some of the most common questions international students have about their rights as a tenant in Australia, and what their landlords can and cannot do.
Can my landlord rent me the home if I haven't seen it?
By law, yes, they can. However, it is very important that you see the property before you sign a lease so that you can:
- see for yourself that it is a real listing
- check that the home is clean and secure, without mould or mildew, and that the appliances work
- ensure that the property is in a safe and convenient location, e.g. with transport and to campus nearby, and not too much noise from construction or major roadways, and
- meet the landlord of a private rental property and make sure they are a respectable, kind person.
Can my landlord ask for bond money before I sign a lease?
No. Landlords cannot ask for bond money (‘the bond’) before you sign a lease. It is important to have the contract signed first to protect your rights as a tenant under the law.
Can my landlord hold my bond money?
No. The landlord cannot hold your bond money.
The bond money must be held by your state or territory government's bond authority. It will be held with that authority until the end of the tenancy.
You can usually lodge this directly with the bond authority. However, if your landlord lodges the bond money for you, make sure they give you an official bond lodgment form to complete. After lodgment, they then must provide you with a receipt.
If there's any damage to the property at the end of your tenancy, the landlord can make a claim to use some or all of the bond money to cover the cost of repairs. If the property is left in good condition, the bond will be refunded to you after your ‘end of lease’ or ‘final’ inspection.
Does my landlord need to give me a condition report?
Yes. Your landlord must give you a condition report that outlines the details of any existing damage, such as marks on the walls or stains on the carpet. You'll then need to:
- check that the landlord’s condition report is accurate and if they have missed anything, add it to the report (it's a good idea to also take photos)
- return the condition report to the landlord within seven days of signing the lease
- make sure the report is signed by both you and the landlord, and
- keep a copy for your records.
The report can be used as evidence if there's a dispute about damage to the property at the end of the tenancy.
Can my landlord increase my rent whenever they want?
No. Your landlord cannot increase your rent without giving you proper notice in writing.
Most states and territories prohibit rent rises during a fixed-term lease. However, you need to check that your lease agreement, as it may have a clause that says rental increases are allowed.
If you think a planned rent increase is unreasonable, you can dispute it with your landlord or get help from the relevant state or territory rental authority (listed below).
Can my landlord enter my house or apartment without my permission?
No. Your landlord cannot enter your house or apartment without your permission. However, landlords are allowed to carry out routine inspections after giving you proper notice.
There are different state and territory laws regarding:
- the amount of notice they need to give, and
- how often your property can be inspected.
Can my landlord keep my bond money if I move out early?
It depends on the terms of your lease agreement. If you have a fixed-term lease and you break it by moving out early, your landlord may be entitled to keep some or all of your bond money. You may also need to pay for the advertising for them to find a new tenant.
However, if your lease is month-to-month and you give proper (agreed length of time) notice before moving out, your landlord must return your bond to you, minus any unpaid rent or damages.
Can my landlord evict me without a reason?
No. Your landlord cannot evict you without a valid reason. However, you can be evicted if you do not pay your rent, or you breach the lease agreement.
If your landlord wants to evict you, they must give you written notice and follow the legal process for eviction in your state or territory.
Can my landlord charge me for repairs to the property?
It depends on the nature of the repairs and who caused the damage. Repairs that are the landlord's responsibility include:
- plumbing issues
- electrical faults
- malfunctioning appliances such as your oven or fans, and
- issues with the structure of the house, such as a leaking roof or crack in the ceiling.
However, if the damage was caused by you or your guests, this is your responsibility to get it repaired. For example, if you caused a hole in the wall, you would need to pay for the repairs yourself.
If your landlord fails to repair something in your home, please contact your local tenant rights organisation.
State and Territory tenant rights organisations
If you have any questions or concerns about your landlord's behavior, consult your local student centre or tenant rights organisation, or seek legal advice.
You are entitled to a safe and comfortable rental experience in Australia and there is always someone who can help. If you’re not sure where to start, ask your education provider for advice. All states and territories also have a local student service, hub or support centre to help you, and you can also ask the tenants’ service in your state or territory.
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Tenants’ Advice Service and Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
When renting a home in Australia, you can either rent a property through a registered real estate agent or rent directly from the property owner (landlord).
Renting a property using a real estate agency means that a registered agent will act as an intermediary between you and the landlord. They'll help you with the rental process, including showing you the property, processing your application, and managing your bond money.
Renting directly from the landlord is called a private lease (or private rental). This means that the landlord will handle the rental process themselves. This can be riskier for you as a tenant, because the landlord may or may not follow correct procedures. It also means that you would not be able to use the support services offered by real estate agencies.
Here are some of the most common questions international students have about their rights as a tenant in Australia, and what their landlords can and cannot do.
Can my landlord rent me the home if I haven't seen it?
By law, yes, they can. However, it is very important that you see the property before you sign a lease so that you can:
- see for yourself that it is a real listing
- check that the home is clean and secure, without mould or mildew, and that the appliances work
- ensure that the property is in a safe and convenient location, e.g. with transport and to campus nearby, and not too much noise from construction or major roadways, and
- meet the landlord of a private rental property and make sure they are a respectable, kind person.
Can my landlord ask for bond money before I sign a lease?
No. Landlords cannot ask for bond money (‘the bond’) before you sign a lease. It is important to have the contract signed first to protect your rights as a tenant under the law.
Can my landlord hold my bond money?
No. The landlord cannot hold your bond money.
The bond money must be held by your state or territory government's bond authority. It will be held with that authority until the end of the tenancy.
You can usually lodge this directly with the bond authority. However, if your landlord lodges the bond money for you, make sure they give you an official bond lodgment form to complete. After lodgment, they then must provide you with a receipt.
If there's any damage to the property at the end of your tenancy, the landlord can make a claim to use some or all of the bond money to cover the cost of repairs. If the property is left in good condition, the bond will be refunded to you after your ‘end of lease’ or ‘final’ inspection.
Does my landlord need to give me a condition report?
Yes. Your landlord must give you a condition report that outlines the details of any existing damage, such as marks on the walls or stains on the carpet. You'll then need to:
- check that the landlord’s condition report is accurate and if they have missed anything, add it to the report (it's a good idea to also take photos)
- return the condition report to the landlord within seven days of signing the lease
- make sure the report is signed by both you and the landlord, and
- keep a copy for your records.
The report can be used as evidence if there's a dispute about damage to the property at the end of the tenancy.
Can my landlord increase my rent whenever they want?
No. Your landlord cannot increase your rent without giving you proper notice in writing.
Most states and territories prohibit rent rises during a fixed-term lease. However, you need to check that your lease agreement, as it may have a clause that says rental increases are allowed.
If you think a planned rent increase is unreasonable, you can dispute it with your landlord or get help from the relevant state or territory rental authority (listed below).
Can my landlord enter my house or apartment without my permission?
No. Your landlord cannot enter your house or apartment without your permission. However, landlords are allowed to carry out routine inspections after giving you proper notice.
There are different state and territory laws regarding:
- the amount of notice they need to give, and
- how often your property can be inspected.
Can my landlord keep my bond money if I move out early?
It depends on the terms of your lease agreement. If you have a fixed-term lease and you break it by moving out early, your landlord may be entitled to keep some or all of your bond money. You may also need to pay for the advertising for them to find a new tenant.
However, if your lease is month-to-month and you give proper (agreed length of time) notice before moving out, your landlord must return your bond to you, minus any unpaid rent or damages.
Can my landlord evict me without a reason?
No. Your landlord cannot evict you without a valid reason. However, you can be evicted if you do not pay your rent, or you breach the lease agreement.
If your landlord wants to evict you, they must give you written notice and follow the legal process for eviction in your state or territory.
Can my landlord charge me for repairs to the property?
It depends on the nature of the repairs and who caused the damage. Repairs that are the landlord's responsibility include:
- plumbing issues
- electrical faults
- malfunctioning appliances such as your oven or fans, and
- issues with the structure of the house, such as a leaking roof or crack in the ceiling.
However, if the damage was caused by you or your guests, this is your responsibility to get it repaired. For example, if you caused a hole in the wall, you would need to pay for the repairs yourself.
If your landlord fails to repair something in your home, please contact your local tenant rights organisation.
State and Territory tenant rights organisations
If you have any questions or concerns about your landlord's behavior, consult your local student centre or tenant rights organisation, or seek legal advice.
You are entitled to a safe and comfortable rental experience in Australia and there is always someone who can help. If you’re not sure where to start, ask your education provider for advice. All states and territories also have a local student service, hub or support centre to help you, and you can also ask the tenants’ service in your state or territory.
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Tenants’ Advice Service and Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
When renting a home in Australia, you can either rent a property through a registered real estate agent or rent directly from the property owner (landlord).
Renting a property using a real estate agency means that a registered agent will act as an intermediary between you and the landlord. They'll help you with the rental process, including showing you the property, processing your application, and managing your bond money.
Renting directly from the landlord is called a private lease (or private rental). This means that the landlord will handle the rental process themselves. This can be riskier for you as a tenant, because the landlord may or may not follow correct procedures. It also means that you would not be able to use the support services offered by real estate agencies.
Here are some of the most common questions international students have about their rights as a tenant in Australia, and what their landlords can and cannot do.
Can my landlord rent me the home if I haven't seen it?
By law, yes, they can. However, it is very important that you see the property before you sign a lease so that you can:
- see for yourself that it is a real listing
- check that the home is clean and secure, without mould or mildew, and that the appliances work
- ensure that the property is in a safe and convenient location, e.g. with transport and to campus nearby, and not too much noise from construction or major roadways, and
- meet the landlord of a private rental property and make sure they are a respectable, kind person.
Can my landlord ask for bond money before I sign a lease?
No. Landlords cannot ask for bond money (‘the bond’) before you sign a lease. It is important to have the contract signed first to protect your rights as a tenant under the law.
Can my landlord hold my bond money?
No. The landlord cannot hold your bond money.
The bond money must be held by your state or territory government's bond authority. It will be held with that authority until the end of the tenancy.
You can usually lodge this directly with the bond authority. However, if your landlord lodges the bond money for you, make sure they give you an official bond lodgment form to complete. After lodgment, they then must provide you with a receipt.
If there's any damage to the property at the end of your tenancy, the landlord can make a claim to use some or all of the bond money to cover the cost of repairs. If the property is left in good condition, the bond will be refunded to you after your ‘end of lease’ or ‘final’ inspection.
Does my landlord need to give me a condition report?
Yes. Your landlord must give you a condition report that outlines the details of any existing damage, such as marks on the walls or stains on the carpet. You'll then need to:
- check that the landlord’s condition report is accurate and if they have missed anything, add it to the report (it's a good idea to also take photos)
- return the condition report to the landlord within seven days of signing the lease
- make sure the report is signed by both you and the landlord, and
- keep a copy for your records.
The report can be used as evidence if there's a dispute about damage to the property at the end of the tenancy.
Can my landlord increase my rent whenever they want?
No. Your landlord cannot increase your rent without giving you proper notice in writing.
Most states and territories prohibit rent rises during a fixed-term lease. However, you need to check that your lease agreement, as it may have a clause that says rental increases are allowed.
If you think a planned rent increase is unreasonable, you can dispute it with your landlord or get help from the relevant state or territory rental authority (listed below).
Can my landlord enter my house or apartment without my permission?
No. Your landlord cannot enter your house or apartment without your permission. However, landlords are allowed to carry out routine inspections after giving you proper notice.
There are different state and territory laws regarding:
- the amount of notice they need to give, and
- how often your property can be inspected.
Can my landlord keep my bond money if I move out early?
It depends on the terms of your lease agreement. If you have a fixed-term lease and you break it by moving out early, your landlord may be entitled to keep some or all of your bond money. You may also need to pay for the advertising for them to find a new tenant.
However, if your lease is month-to-month and you give proper (agreed length of time) notice before moving out, your landlord must return your bond to you, minus any unpaid rent or damages.
Can my landlord evict me without a reason?
No. Your landlord cannot evict you without a valid reason. However, you can be evicted if you do not pay your rent, or you breach the lease agreement.
If your landlord wants to evict you, they must give you written notice and follow the legal process for eviction in your state or territory.
Can my landlord charge me for repairs to the property?
It depends on the nature of the repairs and who caused the damage. Repairs that are the landlord's responsibility include:
- plumbing issues
- electrical faults
- malfunctioning appliances such as your oven or fans, and
- issues with the structure of the house, such as a leaking roof or crack in the ceiling.
However, if the damage was caused by you or your guests, this is your responsibility to get it repaired. For example, if you caused a hole in the wall, you would need to pay for the repairs yourself.
If your landlord fails to repair something in your home, please contact your local tenant rights organisation.
State and Territory tenant rights organisations
If you have any questions or concerns about your landlord's behavior, consult your local student centre or tenant rights organisation, or seek legal advice.
You are entitled to a safe and comfortable rental experience in Australia and there is always someone who can help. If you’re not sure where to start, ask your education provider for advice. All states and territories also have a local student service, hub or support centre to help you, and you can also ask the tenants’ service in your state or territory.
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Tenants’ Advice Service and Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
When renting a home in Australia, you can either rent a property through a registered real estate agent or rent directly from the property owner (landlord).
Renting a property using a real estate agency means that a registered agent will act as an intermediary between you and the landlord. They'll help you with the rental process, including showing you the property, processing your application, and managing your bond money.
Renting directly from the landlord is called a private lease (or private rental). This means that the landlord will handle the rental process themselves. This can be riskier for you as a tenant, because the landlord may or may not follow correct procedures. It also means that you would not be able to use the support services offered by real estate agencies.
Here are some of the most common questions international students have about their rights as a tenant in Australia, and what their landlords can and cannot do.
Can my landlord rent me the home if I haven't seen it?
By law, yes, they can. However, it is very important that you see the property before you sign a lease so that you can:
- see for yourself that it is a real listing
- check that the home is clean and secure, without mould or mildew, and that the appliances work
- ensure that the property is in a safe and convenient location, e.g. with transport and to campus nearby, and not too much noise from construction or major roadways, and
- meet the landlord of a private rental property and make sure they are a respectable, kind person.
Can my landlord ask for bond money before I sign a lease?
No. Landlords cannot ask for bond money (‘the bond’) before you sign a lease. It is important to have the contract signed first to protect your rights as a tenant under the law.
Can my landlord hold my bond money?
No. The landlord cannot hold your bond money.
The bond money must be held by your state or territory government's bond authority. It will be held with that authority until the end of the tenancy.
You can usually lodge this directly with the bond authority. However, if your landlord lodges the bond money for you, make sure they give you an official bond lodgment form to complete. After lodgment, they then must provide you with a receipt.
If there's any damage to the property at the end of your tenancy, the landlord can make a claim to use some or all of the bond money to cover the cost of repairs. If the property is left in good condition, the bond will be refunded to you after your ‘end of lease’ or ‘final’ inspection.
Does my landlord need to give me a condition report?
Yes. Your landlord must give you a condition report that outlines the details of any existing damage, such as marks on the walls or stains on the carpet. You'll then need to:
- check that the landlord’s condition report is accurate and if they have missed anything, add it to the report (it's a good idea to also take photos)
- return the condition report to the landlord within seven days of signing the lease
- make sure the report is signed by both you and the landlord, and
- keep a copy for your records.
The report can be used as evidence if there's a dispute about damage to the property at the end of the tenancy.
Can my landlord increase my rent whenever they want?
No. Your landlord cannot increase your rent without giving you proper notice in writing.
Most states and territories prohibit rent rises during a fixed-term lease. However, you need to check that your lease agreement, as it may have a clause that says rental increases are allowed.
If you think a planned rent increase is unreasonable, you can dispute it with your landlord or get help from the relevant state or territory rental authority (listed below).
Can my landlord enter my house or apartment without my permission?
No. Your landlord cannot enter your house or apartment without your permission. However, landlords are allowed to carry out routine inspections after giving you proper notice.
There are different state and territory laws regarding:
- the amount of notice they need to give, and
- how often your property can be inspected.
Can my landlord keep my bond money if I move out early?
It depends on the terms of your lease agreement. If you have a fixed-term lease and you break it by moving out early, your landlord may be entitled to keep some or all of your bond money. You may also need to pay for the advertising for them to find a new tenant.
However, if your lease is month-to-month and you give proper (agreed length of time) notice before moving out, your landlord must return your bond to you, minus any unpaid rent or damages.
Can my landlord evict me without a reason?
No. Your landlord cannot evict you without a valid reason. However, you can be evicted if you do not pay your rent, or you breach the lease agreement.
If your landlord wants to evict you, they must give you written notice and follow the legal process for eviction in your state or territory.
Can my landlord charge me for repairs to the property?
It depends on the nature of the repairs and who caused the damage. Repairs that are the landlord's responsibility include:
- plumbing issues
- electrical faults
- malfunctioning appliances such as your oven or fans, and
- issues with the structure of the house, such as a leaking roof or crack in the ceiling.
However, if the damage was caused by you or your guests, this is your responsibility to get it repaired. For example, if you caused a hole in the wall, you would need to pay for the repairs yourself.
If your landlord fails to repair something in your home, please contact your local tenant rights organisation.
State and Territory tenant rights organisations
If you have any questions or concerns about your landlord's behavior, consult your local student centre or tenant rights organisation, or seek legal advice.
You are entitled to a safe and comfortable rental experience in Australia and there is always someone who can help. If you’re not sure where to start, ask your education provider for advice. All states and territories also have a local student service, hub or support centre to help you, and you can also ask the tenants’ service in your state or territory.
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Tenants’ Advice Service and Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
Na Austrália, você pode alugar um imóvel por meio de um corretor imobiliário registrado ou diretamente com o proprietário do imóvel (locador).
Alugar um imóvel usando uma agência imobiliária significa que um corretor registrado atuará como intermediário entre você e o proprietário. O corretor o ajudará no processo de locação, incluindo mostrar a propriedade, processar sua proposta de aluguel e gerenciar seu depósito caução.
Alugar diretamente com o proprietário é chamado de aluguel particular (ou aluguel privado). Isso significa que o proprietário cuidará do processo de locação sozinho. Isso pode ser mais arriscado para você como locatário, porque o proprietário pode ou não seguir os procedimentos corretos. Também significa que você não poderá usar os serviços de suporte oferecidos pelas agências imobiliárias.
Aqui estão algumas das perguntas mais comuns que os estudantes internacionais têm sobre seus direitos como locatários na Austrália e o que os proprietários dos imóveis podem e não podem fazer.
O proprietário do imóvel pode me alugar a casa sem eu vê-la?
Por lei, sim, ele pode. No entanto, é muito importante que você veja o imóvel antes de assinar o contrato para que você possa:
- Ver por si mesmo se é um anúncio real
- Verificar se a casa está limpa e se é segura, sem mofo nem bolor, e se os eletrodomésticos funcionam
- Garantir que o imóvel esteja situado em um local seguro e conveniente, por exemplo, com transporte nas proximidades e para a instituição de ensino e sem muito barulho de construções ou das grandes avenidas e
- Conhecer o proprietário no caso de um imóvel particular e certificar-se de que ele seja uma pessoa respeitável e gentil.
O proprietário do imóvel pode pedir o depósito caução antes de eu assinar o contrato de aluguel?
Não. Os proprietários não podem pedir o depósito caução (“bond”) antes de você assinar o contrato. É importante que o contrato seja assinado primeiro para proteger seus direitos como locatário de acordo com a lei.
O proprietário do imóvel pode ficar com o meu depósito caução?
Não. O proprietário não pode ficar com o seu depósito caução.
O depósito caução deve ser retido pela autoridade responsável pelos cauções do governo estadual ou territorial. Ele será retido por essa autoridade até o final da locação.
Normalmente, você pode fazer o depósito caução diretamente à essa autoridade. No entanto, se o proprietário do imóvel der o depósito caução à autoridade por você, certifique-se de que ele lhe dê um formulário oficial de registro de depósito caução para preencher. Depois de realizado o registro, eles devem fornecer um recibo.
Se houver algum dano ao imóvel no final da sua locação, o proprietário pode fazer um requerimento para usar parte ou todo o depósito caução para cobrir o custo dos reparos. Se o imóvel for deixado em boas condições, o depósito caução será devolvido a você após a vistoria de “fim de aluguel” ou “final”.
O proprietário do imóvel precisa me dar um relatório de vistoria?
Sim. O proprietário deve fornecer um relatório de vistoria que descreva os detalhes de qualquer dano existente, como marcas nas paredes ou manchas no carpete. Você precisará:
- Verificar se o relatório de vistoria do proprietário está correto e, se ele esqueceu de anotar algo, adicione-o ao relatório (é uma boa ideia também tirar fotos)
- Devolver o relatório de vistoria ao proprietário dentro de sete dias da assinatura do contrato
- Garantir que o relatório seja assinado por você e pelo proprietário e
- Manter uma cópia para seu registro.
O relatório pode ser usado como evidência se houver uma disputa sobre danos à propriedade no final da locação.
O proprietário do imóvel pode aumentar meu aluguel quando quiser?
Não. O proprietário não pode aumentar o aluguel sem lhe dar a devida notificação por escrito.
A maioria dos estados e territórios proíbe aumentos no aluguel durante um contrato por um período fixo. No entanto, você precisa verificar isso no seu contrato de aluguel, pois pode haver uma cláusula que diz que aumentos no aluguel são permitidos.
Se você acha que um aumento planejado do aluguel não é justo, você pode contestá-lo com o proprietário ou obter ajuda da autoridade responsável pelos aluguéis no estado ou território relevante (listada abaixo).
O proprietário do imóvel pode entrar na minha casa ou apartamento sem a minha permissão?
Não. O proprietário não pode entrar na sua casa ou apartamento sem a sua permissão. No entanto, os proprietários podem realizar vistorias de rotina depois de fornecer a você o aviso adequado.
Existem diferentes leis estaduais e territoriais em relação a:
- Quanto tempo de aviso eles precisam dar e
- Com que frequência o imóvel onde você mora pode ser inspecionado.
O proprietário do imóvel pode manter o depósito caução se eu me mudar da casa antes do fim do contrato?
Depende dos termos do seu contrato de aluguel. Se você tiver um contrato de aluguel por um período fixo e o quebrar, se mudando do imóvel mais cedo, o proprietário pode ter o direito de ficar com parte ou todo o depósito caução. Você também pode precisar pagar pelo anúncio para que eles encontrem um novo locatário.
No entanto, se o seu contrato for mensal e você der o aviso adequado (com a antecedência acordada) antes de sair, o proprietário deve lhe devolver o depósito caução, menos qualquer aluguel não pago ou danos.
O proprietário do imóvel pode me despejar sem motivo?
Não. O proprietário não pode despejá-lo sem um motivo válido. No entanto, você pode ser despejado se não pagar o aluguel ou violar o contrato de aluguel.
Se o proprietário quiser despejá-lo, ele deve enviar uma notificação por escrito e seguir o processo jurídico de despejo do estado ou território onde você mora.
O proprietário pode me cobrar por reparos no imóvel?
Depende da natureza dos reparos e de quem causou o dano. Os reparos que são de responsabilidade do proprietário incluem:
- Problemas de encanamento
- Falhas elétricas
- Aparelhos com defeito, como o forno ou ventiladores e
- Problemas com a estrutura da casa, como um telhado com vazamento ou rachadura no teto.
No entanto, se o dano foi causado por você ou seus convidados, é sua responsabilidade consertá-lo. Por exemplo, se você fez um buraco na parede, você mesmo precisaria pagar pelos reparos.
Se o proprietário não fizer o reparo de algo na sua casa, entre em contato com a organização local de direitos do locatário.
Organizações estaduais e territoriais de direitos do locatário
Se você tiver alguma dúvida ou preocupação sobre o comportamento do proprietário do imóvel onde você mora, consulte o centro estudantil local ou a organização de direitos do locatário, ou procure orientação jurídica.
Você tem direito a uma experiência de locação segura e confortável na Austrália e sempre há alguém que possa ajudar. Se você não tiver certeza por onde começar, peça conselhos à sua instituição de ensino. Todos os estados e territórios também têm um serviço local, centro ou central de apoio para estudantes para ajudá-lo, e você também pode perguntar ao serviço para locatários no estado ou território onde você mora.
- New South Wales: NSW Fair Trading e Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland e Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Serviço de Aconselhamento para Inquilinos - Access Canberra
- Western Australia: Departamento de Comércio e Locação WA
- Northern Territory: Serviço de Aconselhamento ao Inquilino Assuntos do Consumidor do Northern Territory
- South Australia: Serviços ao Consumidor e Empresarial (CBS) e Serviço de Informação e Aconselhamento para Inquilinos
- Tasmânia: A União dos Inquilinos de Assuntos do Consumidor da Tasmânia
