A Residential Tenancy Agreement (RTA) is a legally binding contract between a landlord and a tenant. In New South Wales, Australia, the RTA must include certain terms and conditions as outlined in the Residential Tenancies Act 2010. However, landlords and tenants may also agree on additional terms to include in the RTA.
Adding additional terms to the RTA can be beneficial for both parties. Landlords can protect their property and ensure tenants abide by certain rules, while tenants can clarify their rights and responsibilities during the tenancy. However, it`s important to ensure that any additional terms are fair and reasonable, and don`t breach the Residential Tenancies Act 2010 or any other laws.
Some common additional terms that landlords may include in the RTA include:
1. Rent increases: Landlords may include a clause that allows them to increase the rent after a certain period, such as every six or twelve months. However, any rent increase must comply with the Residential Tenancies Act 2010, which sets out specific rules regarding notices and limits on rent increases.
2. Pets: Landlords may allow or prohibit pets in the rental property. If pets are allowed, the RTA may include additional terms such as responsibility for damages caused by pets, or restrictions on the type or size of pets allowed.
3. Maintenance and repairs: Landlords may specify the tenant`s responsibilities regarding maintenance and repairs, such as keeping the property clean and reporting any damages or repairs needed. Similarly, tenants may request that landlords agree to certain maintenance or repairs, such as regular pest control or cleaning of gutters.
4. Utilities: The RTA may specify which utilities the tenant is responsible for paying, such as electricity, gas, water, or internet. It may also include details on how the utilities will be billed or metered.
It`s important to note that any additional terms included in the RTA must comply with the Residential Tenancies Act 2010. For example, the RTA cannot include terms that discriminate against tenants based on their race, gender, or other protected characteristics. Additionally, landlords cannot require tenants to waive their rights under the Act or other laws.
Tenants should carefully review any additional terms included in the RTA before signing. If there are any terms they are unsure of, they should seek legal advice or contact the NSW Fair Trading, who can provide clarification on their rights and responsibilities under the Residential Tenancies Act 2010.
In summary, adding additional terms to a Residential Tenancy Agreement can benefit both landlords and tenants, as long as the terms are fair and reasonable and comply with the Residential Tenancies Act 2010. Landlords should consider carefully which terms are necessary to protect their property, while tenants should take the time to review any additional terms to ensure they understand their rights and responsibilities.