When renting a property in Tasmania, there is an agreement, called a ‘lease’, or ‘tenancy agreement’, between the owner and the tenant. An agent can represent the owner.
A lease can be written or verbal, or partly both. It is recommended you use a written agreement stating all the terms of the agreement. Any changes to the agreement should be recorded in writing, such as rent or how long the lease is for.
The owner and tenant cannot agree to terms which are not allowed under the Residential Tenancy Act 1997 (the Act).
If the agreement is in writing, the owner must give the tenant a copy of the agreement within 14 days of beginning the tenancy. The agreement should be:
- easily legible,
- clearly expressed
- printed in a font size of 10 points of more.
The owner should give the tenant a copy of the Rental Guide booklet (PDF, 4.0 MB). Printed copies are available from Service Tasmania shops.
If the property has strata title rules which must be followed, the owner must give the tenant a copy of the rules at the time of entering into the agreement.
Residential Tenancy Act of Tasmania
The Residential Tenancy Act 1997 does not apply to:
- renting outside of Tasmania
- any room in a property where there are two rooms being let AND the owner also lives on the premises OR the tenant lives there and sub-lets the boarding premises
- sale contracts
- holiday accommodation (where the property is rented for a holiday for less than 3 months)
- temporary refuge accommodation (e.g. a women’s shelter)
- commercial property (e.g. shop leases). Visit the Retail Tenancy page for more information.
- any part of a hotel or motel that is not a boarding house
- any part of a hospital, nursing home or club
- properties let under the Retirement Villages Act 2004. Visit the Retirement Villages page for more information.
Fixed term leases
A lease which has an expiry date is a fixed term lease. Fixed term leases must be for at least four weeks. The owner cannot ask the tenant to move out before the end of the lease date unless the tenant has broken a condition of the lease. This is the case even if the property is sold, however a tenancy can be terminated if the bank forecloses due to the owner defaulting on their mortgage.
When a tenant continues to live in a property and pay rent after a fixed term lease ends, but does not sign a new lease, the agreement immediately becomes a non-fixed term lease.
For details of what happens at the end of a fixed term lease see the section Ending a fixed term tenancy agreement.
A lease (written or verbal) which does not have an expiry date is a non-fixed term lease.
For further information see what happens at the end of non-fixed term lease.