Special Tenancy Conditions

Hi All,
I am in the process of taking over the management of my 3 (so far) properties and have done up this first draft of my special conditions form. I was wondering if the forum could read it and give me any tips on :
1. Have I left any important ones out
2. Are any of mine unreasonable.
Would really appreciate the feedback.
Thanks,
Jimbo



1.The tenant ackknowledges that they are responsible for having the carpets professionally cleaned at their expense upon vacating & to provide a receipt. The property will be inspected & if not found to be of a satisfactory standard, as per the entry condition report considering fair wear & tear, and a second inspection is necessary to check cleaning or rectification, then a fee of $30.00 will be charged to the tenant to cover the Lessor's costs.
2. Cars parked on the property are to be currently registered & roadworthy.
3. A fee of $40.00 applies for any dis-honoured cheque.
4. An administration fee will be charged should recourse to a collection agency be required.
5. Tenants are aware that rent must be in advance at all times. Failure to do so will be in contradiction to the tenancy agreement.
6. The bond is not to be used in lieu of rent at any time, in particular, in the final stages of this agreement. The rent must be paid up to and including the final day of the tenancy, when keys are returned in accordance with this agreement. The exit report will be done ASAP, on the first business day after the keys are returned where possible.
7. Caravans are not permitted to remain on the property without written consent.
8. Gutter cleaning is the tenant's responsibility. Gutters should be cleaned annually and also just before the tenant vacates or the cost may be taken from the bond held. If preferred, we can arrange cleaning for you at your expense.
9. If the tenant's vehicle is leaking any fluid such as oil, it is the tenant's responsibility to place a tray under the vehicle to keep the floor free of oil stains.
10. The lessor warrants that pest control treatment has been carried out on the premises prior to commencement of the tenancy. Subsequently, the tenant is required to have professional pest control maintenance on the premises, no less frequently than annually, and also on vacating the property, and to produce evidence to the agent (dated official receipt).
11. The tenant agrees to clean the premises upon vacating - that is, walls, doors, cupboards, floors, windows, oven, hotplates, toilet, bathroom, surrounding yard etc.
12. Maintaining the surrounding land - eg. mowing the lawn - is the responsibility of the tenant, and it should be kept neat and tidy at all times.
13. Tenants breaking their lease are reminded that they will be responsible for advertising and other reasonable costs of the agent or owner including rent until the property is re-let to tenants suitable to and at the sole discretion of the agent, and a letting fee equal to 1 weeks rent if so charged to the landlord. 14. Under no circumstances are picture hooks/nails or any adhesives to be affixed to walls or doors without prior approval of agent.
 
Jimmy,

Some of your clauses would be in contravention of South Australia's Residential Tenancies act.. what state are you in?

In SA, its illegal to seek Payment for anything other than Rent.. period. No applications fees, no dishonor fees, no inspection fees etc.

Duncan.
 
CHECK THE LEGISLATION

Go to www.austlii.edu.au and go to the Qld legislation section and check for their relevant residential tenancies Act, this will outline what you can and can't do.

Go to a law stationers and get a copy of the relevant lease for your state....this also outlines what is possible. Why not use it and just attach some special conditions (providing that they are lawful).

Savanna
 
<snip>
having the carpets professionally cleaned at their expense upon
<snip>

I believe their is a australian standard for carpet cleaning - it would be better if u say the person or business must be accredited to this standard.
 
Hmmmmm.................I thought this carpet cleaning thing had come up before.

Certainly a couple of years ago in the Renting Guide that must be provided to tenants in NSW, it used the explicit example that you COULDN"T make the tenant steamclean the carpets on exit. Made you look a bit silly if you put this in as a special condition and then gave them the book that said this can't be done.

Then in one of the recent Property Management books I noticed they used the example that you could include the steamcleaning on exit.

Good point.......I need to check this out again in NSW too.



:)
 
Property Owners Association QLD

Hi, Jimmyjamjars,
Property Owners' Association of QLD has very detailed/comprehensive special terms that can be used in conjunction with RTA's General Tenancy Agreement Form 18a. The Association also has other forms that are very useful.

Their web site is: http://www.poaa.asn.au
email: [email protected]
Ph. 07-3343 3929
Fax: 07-3343 8918

Cheers
Chris
 
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