What is a residential tenancy agreement?
A residential tenancy agreement (lease) is a legally binding contract between you (the tenant) and the landlord. It sets out the rights and obligations of both parties for the term of the tenancy. In all Australian states, certain terms are implied by law — these apply to your tenancy even if they're not written in the lease.
What must be in your lease?
Australian states require leases to include certain minimum terms. While the exact requirements vary, all leases should include:
- •Names and contact details of all parties (tenant, landlord, and agent if applicable)
- •Property address
- •Start date and whether it is fixed-term or periodic
- •End date (for fixed-term leases)
- •Weekly or monthly rent amount
- •Payment method and due date
- •Bond amount
- •Names of all occupants
Standard vs. special conditions
Leases typically have two parts: standard conditions (set by law and cannot be varied against the tenant's interest) and special conditions (added by the landlord). Special conditions can cover things like pet clauses, garden maintenance responsibilities, and no-smoking rules.
A special condition that is inconsistent with or contradicts the residential tenancies legislation in your state is void and unenforceable. You cannot sign away your statutory rights — even in writing.
Common clauses to watch out for
Before signing, scrutinise these common problem clauses:
- •'Professional cleaning required on vacating' — you are required to return the property in the condition you received it, not necessarily to professional cleaning standards
- •'Tenant responsible for all repairs' — tenants are only responsible for damage they cause, not general maintenance
- •'No pets under any circumstances' — pet clauses must comply with state law (some states now require landlords to give reasons for refusing pets)
- •'Rent may be increased at any time' — unlawful in all states; increases must comply with notice and frequency requirements
- •Excessive bond or large rent-in-advance requirements — check these against your state's legal maximums
Before you sign
Take your time reading the lease. You are entitled to a copy of the proposed lease before signing, and you are not required to sign immediately. Check:
Most state tenancy authorities provide a mandatory Information Statement that landlords must give you before you sign. This document explains your rights in plain language. Read it.
- •Is the rental amount correct?
- •Are all parties named correctly?
- •Is the start date correct?
- •Does the bond amount comply with your state's maximum?
- •Does any special condition require you to do something that seems unfair or unusual?
- •Have you been provided with the relevant Information Statement for your state?
Getting a copy of the signed lease
Once you have signed the lease, the landlord must provide you with a copy — usually within 14 days. If you haven't received a copy, request one in writing. Keep your copy in a safe place for the entire tenancy — you will need it if any dispute arises.
This guide provides general information based on current Australian tenancy legislation. It is not legal advice. Always verify with the relevant state tenancy authority or a qualified professional for your specific situation. Last verified: January 2026.