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Rights and Duties of Landlords and Tenants
22 Jan, 2020

Rights and Responsibilities of Tenants and Landlord, When Renting

Renting a property in Adelaide, whether as a tenant or a property owner requires knowledge of the rights and responsibilities by the SA Government because two parties sign a legally binding contract. Therefore, if you’re thinking of renting a property, knowing what to expect and what is expected from both parties becomes imperative to have a successful tenancy and avoid disputes or violations.

For assistance, here is an all-inclusive guide by reputed removalists in Adelaide illustrating the rights and obligations of tenants and landlords, when renting.

Rights of a Landlord

Renting a property as a landlord is a significant step considering it requires entrusting a valuable asset to someone else. Therefore, expert Adelaide removalists advise knowing your rights that are listed below.

• As the property owner, it is your right to know the arrival date of the tenant and to be notified when the property is occupied.
• Another significant one is the right to collect rent every week, month, or when due, which is essential to have a successful tenancy and keep the landlord-tenant relationship amicable.
• If a tenant is unable to pay the rent on time or the due amount is substantial, landlords have the right to evict them according to state laws.
• Landlords have the right to increase the rent (if agreed in the lease contract) according to professional Adelaide removalists. In case the tenant is unable to pay the increased rent, they can end the lease contract with proper notice.
• Furthermore, property owners have the right to enter the premises with notice for inspection or in case of an emergency.
• Lastly, a landlord is within rights to withhold the security deposit or make deductions when the property is unclean, damaged, or not returned in the same condition it was leased.

Responsibilities of a Landlord

Naturally, providing property for occupancy comes with numerous responsibilities since it is a service being given to a tenant at a price. Hence, it is important to know the below-mentioned responsibilities to have a smooth possession experience.

• Since renting a property is about entrusting an asset to someone, you’re obligated to screen the applicants, verify their backgrounds, get copies of identity documents, check credit score, and perform other verifications.
• Provide the tenant with the signed copy of the lease agreement along with instruction manuals for operating appliances and guidelines for the upkeep of the property.
• The landlord is responsible for lodging the bond to the Consumer and Business Services (CBS) when the security money, i.e. usually one month’s rent is deposited.
• Expert removalists in Adelaide say ensuring the premise is clean, sanitary, habitable, and vacant at the time of possession by the tenant is a huge responsibility. It includes getting pest control done, checking the heating/cooling systems work, ascertaining the locks are optimally functioning, etc.
• While collecting rent, make sure to maintain records and provide proper receipts within 48 hours but not when the amount is credited in a bank account directly. In addition, ensure timely submission of council rates and taxes.
• If the tenant reports a repair or maintenance issue, schedule an inventory, and resolve the issue by hiring concerned professionals.
• Don’t hassle or invade the privacy of tenants to let them live in peace, comfort, and privacy. Please enter the property only with prior notice or in case it an emergency.
• If you are selling the property, notify the tenant in advance and provide them with a reasonable amount of time to look for another accommodation. Similarly, if you’re increasing the rent as agreed in the contract, then follow the same procedure in case the tenant doesn’t agree.

Rights of a Tenant

Tenants need to know their rights before signing the lease contract for a property to understand what to expect during occupancy. Here is a list of the general ones that are included in a standard contract according to a great removalist company.

• One of the most significant rights is to have vacant possession of the property from day one of starting the tenancy. It means the property is not occupied by anyone, including the landlord when the tenant moves in. In addition, no one else has the right to hold the property for the duration of your lease contract.
• In case of shared accommodation, the tenant has the right for vacant possession of the room and other areas as agreed.
• Besides vacant possession tenants in Adelaide are entitled to have a property that is sanitary, structurally reliable, and liveable. For example, the property should be free of pests, heating/cooling systems must work, door locks are operational, there are no leaks/plumbing issues etc.
• In addition, Expert removalists say during the lease period, the occupant has the right to a peaceful existence, privacy and comfort.

Responsibilities of a Tenant

When occupying a property, professional Adelaide removalists say the inhabitant is obligated to take care of the following things. Therefore, if you are moving to a property, ensuring you know your responsibilities will help make the duration of the stay comfortable and increase your credit score.

• Anyone renting a house or apartment is required to pay the rent every week, month, or when due as stated in the lease contract. Failing to do so may have legal implications and a lower credit score, which can reduce credibility for future tenancies.
• When a property owner or realtor entrusts a tenant with their property, it becomes crucial to maintain the premise’s sanitisation, keep it undamaged, and prevent fire or health hazards. Also, the occupant cannot neglect the property intentionally or unintentionally.
• In addition, expert removalists in Adelaide characterise a responsible tenant as someone doesn’t use the property for illegal activities, lives peacefully, and coexists with neighbours in harmony.
• A responsible property occupant informs the landlord of repair or maintenance requirement, and at the end of the lease notifies about the intention to extend the contract or state the moving date.
• Since at the time of occupancy the landlord provides a clean premise, a tenant is responsible to return the property in the same clean and sanitary condition. In many lease contracts it is stated to get the property professionally cleaned by a reputed end of lease cleaning company to secure the bond. Therefore, a tenant must arrange for the same at the end of the tenancy.

Endnote

Knowing your rights and responsibilities as a tenant or landlord is essential to have a successful tenancy. Keeping in mind the information shared above by experts is crucial whether you are obtaining the property or providing it especially if it’s the first time. It will help make informed decisions since you’ll know what is expected and what to expect when signing a property renting contract.