Landlord rights and responsibilities

Your rights

• Know your tenant: When you rent out your property you’re essentially handing one of your most valuable possessions into the care of strangers. Ask for references (and use them) and check tenancy databases for any previous issues such as damages to property or unpaid rent.
• Landlord insurance: Even if your tenants are perfect on paper, life still offers margin for error. Between accidents, unlisted tenancies and natural occurrences, you’re entitled to insurance that will guard you from potential financial loss. Usually landlord insurance will cover the actual property, with plans available to cover your and your tenant’s contents. Speak to a home insurance broker for further information.
• Putting up the rent: If the fixed lease term is over and the tenants wish to continue the tenancy, you are allowed to increase the rent, as long as you provide notification of the changes.
• Evicting a tenant: If your tenant has not paid rent for over 14 days, you have the right to issue them with a termination notice. Read our guide on evicting a tenant for more information on this topic.

Your responsibilities

• Security: Before a new tenant moves in, you should thoroughly look over the property to make sure it’s in good condition, the fire alarms work and the doors and windows can be secured.
• Tenant checklist: In some states, landlords must provide tenants with a copy of the new tenant checklist before they sign a residential tenancy agreement. Fines can be imposed if this is not done.
• The bond: The bond is usually four weeks’ rent and should be lodged promptly with Fair Trading or equal body in your state.
• Maintenance: Treat your property with the respect and care that you expect from your tenants. Always service or replace fittings and fixtures if necessary, and act immediately to deal with insect infestations, mould or rising damp.
• Repairs: All urgent repairs should be addressed immediately, and non-urgent repairs should be seen to sooner rather than later. Occasional checks with the tenants will keep you on top of any repairs that could be needed, which is highly advisable as issues can quickly become more costly the longer they’re left.
• Privacy: Resist the temptation to ‘drop in and check up’ on your property. The law restricts the amount of access you have to the property. You must contact your tenants prior to your visit to give them notice.

Some payments rest with the owner – remember that all council rates are your responsibility, along with land taxes and water rates.

Communication and respect go a long way to sustaining an amicable relationship with tenants. If you need any help resolving a dispute, contact your state’s tribunal.