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Residential Tenancy Agreement New South Wales

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Residential Tenancy Agreement New South Wales Powered By Docstoc
					                RESIDENTIAL TENANCY AGREEMENT (NEW SOUTH WALES)
                             (FOR TERM OF 3 YEARS OR LESS)
NOTES:
1. The Tenant is entitled to have time to read this Agreement (and the completed condition report referred to in this Agreement) and to obtain
appropriate advice if necessary.
2. The Landlord or the Landlord’s agent must give the Tenant a copy of the “ The Renting Guide: A guide for Landlords and Tenants”. That book
explains both parties’ rights and obligations under this Agreement.
3. The Landlord is required to give the Tenant a copy of this Agreement for the Tenant to keep.


                                       PART 1 - TERMS OF AGREEMENT
THIS AGREEMENT made as of the _____ day of ______________, _______ at N.S.W.

BETWEEN:

           [NAME OF LANDLORD] (A.C.N.)
                [Landlord’s address]
                (the “Landlord”)

                      - and -

           [NAME OF LANDLORD’S AGENT] (A.C.N.)
                [agent’s address]
                (the “Agent”)

                      - and -

           [NAME(S) OF TENANT(S)]
                (the “Tenant”)

           Other people who will ordinarily live at the premises are as follows: (delete if not applicable)

PREMISES
The Landlord gives the Tenant the right to occupy the residential premises at [insert full address of
rental premises] and the following parking space and storage locker: (delete if not applicable)

[choose the appropriate option and delete the others: The premises are unfurnished. OR The premises are
furnished. OR The furniture and furnishings set out in the condition report are included.]

No more than ## persons may ordinarily live in the premises at any one time.

RENT
The rent is $###.## payable every [week / fortnight / month] starting on [insert date that the first rent
payment is due]. The Tenant must pay in advance on the _____ day of every [week / fortnight /
month].

The rent must be paid:
(a)        to the Landlord, or the Landlord’s agent, at [insert address to which rent payments are to be sent],
           or
(b)        at any other reasonable place the Landlord notifies the Tenant in writing, or
(c)        into the following account [insert account details], or any other account nominated by the
           Landlord.

Payment must be made by the following method: [choose the appropriate option and delete the others: in
cash, by cheque, by bank account deposit, or set out any alternative method agreed upon by the parties].

TERM
The term of this Agreement shall be for _______ [months], commencing on the _____ day of
______________, _______ and ending on the _____ day of ______________, _______.
                                                 -2-



CONTINUATION
At the end of the term hereunder, the Tenant may stay in the premises at the same rent (or at an
increased rent if the rent is increased in accordance with the Residential Tenancies Act 1987) but
otherwise under the same terms unless or until the Agreement is renewed or ended in accordance
with the Residential Tenancies Act 1987.

RENTAL BOND (delete if there is not going to be a bond)
A rental bond of $###.## must be paid by the Tenant to the Landlord or the Landlord’s agent on or
before signing this Agreement.

THE AGREEMENT
1.     The Landlord agrees to give the Tenant:

       1.1     a copy of this Agreement at or before the time the Agreement is signed and given by
               the Tenant to the Landlord or a person on the Landlord’s behalf, and

       1.2     a copy of the Agreement signed by both the Landlord and the Tenant as soon as
               reasonably practicable.

RENT
2.     The Tenant agrees to pay rent on time.

3.     The Landlord agrees to provide a receipt for any rent paid to the Landlord or to ensure that
       the Landlord’s agent provides a receipt for any rent paid to the agent. If the rent is not paid in
       person, the Landlord agrees only to make the receipt available for collection by the Tenant or
       to post it to the Tenant. (The Landlord is not required to provide or make available a receipt if
       rent is paid into the Landlord’s account.)

PAYMENT OF COUNCIL RATES, LAND TAX, WATER AND OTHER CHARGES
4.     The Landlord agrees to pay:

       4.1     Council rates, and
       4.2     for water, other than water that the Tenant has agreed to pay for under clauses 5.3
               and 5.4 of this Agreement, and
       4.3     land taxes, and
       4.4     the cost of installing any meters to measure the supply of water, electricity or gas,
               and
       4.5     charges under any other Act for the residential premises.

5.     The Tenant agrees to pay:

       5.1     for electricity, and
       5.2     for gas, and
       5.3     for excess water, and
       5.4     any other charge for water set out in the additional terms of this Agreement if the
               charge for water is calculated according to the metered amount of water consumed
               and there is no minimum rate chargeable, and
       5.5     any excess garbage or sanitary charges, and
       5.6     any charges for pumping out a septic system.

POSSESSION OF THE PREMISES
6.     The Landlord agrees:

       6.1     to make sure the premises are vacant so the Tenant can move in on the date agreed,
               and
                                             -3-


     6.2    there is no legal reason that the Landlord knows about, or should know about when
            signing this Agreement, why the premises cannot be used as a residence for the term
            of this Agreement.

TENANT’S RIGHT TO QUIET ENJOYMENT
7.   The Landlord agrees:

     7.1    that the Tenant will have quiet enjoyment of the premises without interruption by
            the Landlord or any person claiming by, through or under the Landlord or having
            superior title to that of the Landlord, and
     7.2    that the Landlord or the Landlord’s agent will not interfere, or cause or permit any
            interference, with the reasonable peace, comfort or privacy of the Tenant in using the
            premises.

USE OF THE PREMISES
8.   The Tenant agrees:

     8.1    not to use the premises, or cause or permit the premises to be used, for any illegal
            purpose, and
     8.2    not to cause or permit a nuisance, and
     8.3    not to interfere, or cause or permit interference, with the reasonable peace, comfort or
            privacy of neighbours.

LANDLORD’S ACCESS TO THE PREMISES
9.   The Landlord, the Landlord’s agent or any person authorised in writing by the Landlord,
     during the currency of this Agreement, may only enter the premises in the following
     circumstances:

     9.1    in an emergency (including entry for the purpose of carrying out urgent repairs), or
     9.2    if the Residential Tenancies Tribunal so orders, or
     9.3    if there is good reason for the Landlord to believe the premises are abandoned, or
     9.4    to inspect the premises, upon no less than 7 days’ notice to the Tenant (no more than
            4 inspections are allowed in any period of 12 months), or
     9.5    to carry out necessary repairs, upon at least 2 days’ notice to the Tenant on each such
            occasion, or
     9.6    to show the premises to prospective buyers or mortgagees on a reasonable number of
            occasions, upon reasonable advance notice to the Tenant on each occasion, or
     9.7    during the last 14 days of the tenancy hereunder, to show the premises to prospective
            tenants on a reasonable number of occasions upon reasonable advance notice to the
            Tenant on each occasion, or
     9.7A   to install a smoke alarm or replace a battery in a smoke alarm in the residential
            premises, if the tenant gets 2 days' notice on each occasion, or

     9.8    if the Tenant agrees.




THIS IS A 16-PAGE DOCUMENT.

				
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