NEW TENANT CHECKLIST
January 2011 FTR72
What you must know before you sign a lease
At the start of every tenancy you should be given the
following by the landlord or agent:
● a copy of this information statement
● a copy of your lease (tenancy agreement)
● 2 copies of the premises condition report (more on
that later)
● a bond lodgement form for you to sign, so that it can
be lodged with NSW Fair Trading
● keys to your new home.
The first thing you should do before you sign the lease is
read it thoroughly. If there is anything in it which you don’t
understand, ask questions.
Remember, you are committing to a legally binding
contract for which there is no cooling–off period. You will
want to be certain you understand and agree to what you
are signing.
Only when you can respond with a Yes to the following
statements, should you sign the lease.
The lease
I have read the lease and I asked questions if there
were things I didn’t understand.
I know the length of the lease is negotiated before I
sign, which means it can be for 6 months, 12 months,
or some other period.
I know that I must be offered at least one way to pay
the rent which does not involve paying a fee to a third
party.
I know that any additional terms to the lease are
negotiated before I sign.
I have checked that all additional terms to the lease
are legal, for example, the lease does not include a
term requiring me to have the carpet professionally
cleaned when I leave, unless I have agreed to that as
part of a condition to allow me to keep a pet on the
premises.
Promised repairs
In relation to any promises by the landlord or agent (for
example, replace the oven, paint a room, clean up the
backyard etc):
I have made sure these have already been done, or
I have an undertaking in writing (before signing the
lease) that they will be done.
Upfront costs
I am not being required to pay:
more than 2 weeks rent in advance, unless I freely
offer to pay more
more than 4 weeks rent as a rental bond.
I am not being charged for:
the cost of preparing my lease
the initial supply of keys and security devices to each
tenant named on the lease.
After you move in
Make sure you:
● Fill in your part of the condition report and don’t
forget to return a copy to the landlord or agent within
7 days. This is an important piece of evidence. If you
don’t take the time to complete it accurately money
could be taken out of your bond to pay for damage
that was already there when you moved in.
● Get a letter from Fair Trading sometime during
the first 2 months saying that your bond has been
received and advising you of your Rental Bond
Number. If this doesn’t arrive call Fair Trading to
make sure it has been lodged.
January 2011 FTR72
www.fairtrading.nsw.gov.au
Fair Trading enquiries 13 32 20
TTY 1300 723 404
Language assistance 13 14 50
This fact sheet must not be relied
on as legal advice. For more
information about this topic, refer to
the appropriate legislation.
© State of New South Wales through NSW Fair Trading
You may freely copy, distribute, display or download this information with
some important restrictions. See NSW Fair Trading's copyright policy at
www.fairtrading.nsw.gov.au or email [email protected]
Top tips for problem–free renting
Follow these useful tips to help avoid problems while you
are renting:
● Photos are a great way to record the condition of the
property when you first move in. Take pictures (that
are date stamped) of the property, especially areas
that are damaged or unclean. Keep these in case the
landlord objects to returning your bond at the end of
your tenancy.
● Keep a copy of your lease, condition report, rent
receipts, Rental Bond Number and copies of letters/
emails you send or receive in a designated ‘tenancy’
file folder and put it somewhere you can easily find it
later.
● Never stop paying your rent, even if the landlord is
not complying with their side of the agreement (eg.
by failing to do repairs) – you could end up being
evicted if you do.
● Keep a diary of your dealings with the landlord
or agent – record all the times and dates of
conversations, who you spoke to and what they
agreed to do. If repairs are needed, put your request
in writing to the landlord or agent and keep a copy.
This type of evidence is very helpful if a dispute
arises which ends up in the Consumer, Trader and
Tenancy Tribunal.
● Comply with the terms of your lease. In particular,
never make any alterations, keep a pet or let other
people move in without asking the landlord or agent
for permission first.
● Consider taking out home contents insurance. It
will cover your belongings in case of theft, fires and
natural disasters. The landlord’s building insurance, if
they have it, will not cover your things.
● If the property has a pool or garden be clear about
what the landlord or agent expects you to do to
maintain it.
● Be careful with what you sign relating to your
tenancy, and don't let anybody rush you. Never sign
a blank form, such as a Claim for refund of bond.
● If you are happy in the place and your lease ends,
consider asking for the lease to be renewed for
another fixed term. This will remove the worry about
being unexpectedly asked to leave, and helps to lock
in the rent for the next period of time.
Further information
Go to the Fair Trading website, call 13 32 20 or visit a
Fair Trading Centre for more information about your
renting rights and responsibilities.
The NSW Government funds a range of community
based Tenants Advice and Advocacy Services
across NSW to provide advice, information and
advocacy to tenants. Go to the Tenants Union website
at www.tenants.org.au for details of your nearest service
or check your local phone directory.
Landlords and agents must give a copy of this
information statement to all new tenants before they
sign a residential lease. Fines can be imposed if this is
not done.