Additional terms for lease agreement

[Magnum9]

Does anybody add their own additional terms to the standard lease document? Below is what I had in mind so far. Also, do you think it is worthwhile handing this out with the application so the applicant knows what is expected of them before they apply?

The property is to be left clean and as per the property condition report, including but not limited to, tiled floors mopped, dishwasher wiped clean inside and out, oven cleaned, all weeds removed from garden beds, paving and garage swept.

The tenant will be supplied with two remote keyfobs to operate the garage door. Remotes must be returned at the end of the lease in good working order. Remotes not returned or returned in poor condition or broken will incur a $50 (fifty dollar) fee per remote to be deducted from bond money.

The tenant will be supplied with two keys for the door locks, two keys for the screen door locks and two keys for the window locks. Keys not returned will incur a $10 (ten dollar) fee per key to be deducted from bond money.

The tenant must have the carpets steam cleaned by a reputable carpet cleaning business, at the end of the lease, no later than three business days after vacating the property. A receipt must be presented as proof of services rendered. Alternatively, the tenant can elect to have $150 (one hundred and fifty dollars) deducted from the bond monies to cover the cost of the property manager having the carpets professionally cleaned.

As this property has not previously had a telephone service connected, all connection fees will be the sole responsibility of the tenants.

 

[Propertunity]

Whatever you add as a special condition in the lease, you cannot do so in a manner that contradicts the RTA (resi tenancy act) in your state.

e.g. the professional carpet clean and the non-payment to connect a telephone service would not stand up in NSW.

You need to check your own state legislation to see if you are conflicting with it.

 

[Lil Skater]

No need to have any of those in the lease, they are conditions regardless of any property leased. Which is why when a tenant moves in, they are given a condition report and all keys/remotes/fobs have been photocopied as evidence.

Steam cleaning of carpets (depending on state) can not be enforced, but are usually awarded in the case of a tribunal hearing. Phone connections (again depending on state) may mean you will need to pay for at least one point to be at the property.

 

[mattysavager]

I would call the Residential Tenancy Authority and ask them the questions as to whether you can enforce those terms. It will be a Yes/No answer.

In QLD we do require professional carpet cleaning with receipt (allowed by RTA), owners MUST install a working phone line, but tenants can be charge the initial connection fee (not installation fee).

Remotes, keys etc are already covered in a normal lease and should be charged at replacement cost to the property manager. A key is usually about $6 and a remote can be anywhere from $40 to $100, so I wouldn't price those items specifically in case it is more.

Also with carpet cleaning, if you are permitted to attach it as a special term, do not limit the cleaning cost to $150 if they choose to not do it. The actual cost may fluctuate and you might end up out of pocket.

Matt

 

[goonandtell]

i also wouldn't limit the missing key. Sure to get another costs $3 but if all are lost and it needs rekeying it will cost more.

 

[Magnum9]

Thanks for all the replies, oddly none from WA! I am waiting for an answer from Dept of Commerce regarding the carpet cleaning and also whether the act covers garage Remotes as standard. I will take your advice and not include dollar amounts for anything.

 

[Magnum9]

See below for reply from Consumer Protection WA for future reference -

You have contacted the Department of Consumer Protection, Western Australia. Consumer Protection administers the Residential Tenancies Act 1987 and can provide general information to landlords and tenants in relation to residential tenancy. Unfortunately we can only provide you with the standard contract which is available on the Commerce website. We recommend that owners/agents seek legal advice if further information is required about contracting out. The standard form contracts are available at the following link. http://www.commerce.wa.gov.au/ConsumerProtection/Content/Consumers/index.htm. Refer to documents 24A and 24B.

A residential tenancy agreement may contain a provision by which the following sections of the Act may be excluded, modified or restricted if the residential tenancy agreement is in writing and is signed by the owner / agent and the tenant. This is knownas contracting out. In general if you are opting out of some provision of the Residential Tenancies Act 1987 there may be some offset required. If the condition is not reasonable there may be grounds for dispute in the Magistrates Court.


The following sections can be contracted out of however owner/agents intending to do must ensure that other sections are not contravened when doing so.

The sections are:
38 Tenant’s responsibility for cleanliness and damage
39 Tenant’s conduct on premises
40 Vacant possession
41 Legal impediments to occupation as residence
42 Owner / agent’s responsibility for cleanliness and repairs
43 Compensation where tenant sees to repairs
45 Locks
46 Owner / agent’s right of entry
47 Right of tenant to affix and remove fixtures etc.
48 Owner / agent to bear outgoings in respect of premises
49 Right of tenant to assign or sub-let
50 Vicarious responsibility of tenant for breach by other person lawfully on premises
55 Cost of written agreement to be borne by owner / agent
56 Discrimination against tenants with children

It is common for these terms to be negotiated. Some REIWA contracts for residential leases may contain clauses that are negotiatedand require that a tenant must arrange for carpets to be steam cleaned at the end of the lease. If this term is negotiated and accepted, the Department recommends that the owner provides the property in a similar condition to what will be expected in the beginning of the lease. That is that the carpets are cleaned in a similar way prior to the commencement of the lease. Conditions regarding costs for replacement of remote controls for garage doors is also something that may be negotiated.

There are procedures that should be implemented ifthe tenant causes damage during the lease. The owner/agent can issue a breach notice giving the tenant an opportunity to rectify the breach. If the matter is not rectified, the owner/agent can apply for an order in the court to remedy the breach or issue a notice of termination. Further information is available in the publication at the following link:
http://www.commerce.wa.gov.au/ConsumerProtection/PDF/Publications/Renting_out_your_property.pdf

If the tenant causes damage to the property at the end of the lease, the owner /agent may claim for damages in the court. Depreciation on the item should be considered. Replacement of old items for new may not be a reasonable remedy. It is also a recommendation that if a party to a lease is in breach, that the other party attempts to mitigate the loss. That is that the owner/agent attempts to minimise the amount of loss incurred.