Many landlords are unclear about the details and extent of their legal rights and responsibilities towards tenants. That can be a perilous position, especially as laws have become more protective of renters, and renters have become savvier about their rights.
So let’s do a brush up, with the full recognition that unusual situations with tenants may require more particular advice.
Under the Residential Tenancies Act 2010, a landlord in NSW must, at the beginning of a tenancy:
In addition, throughout the tenancy, the landlord must also keep the property in a reasonable state of repair, at the landlord’s expense unless the tenant has caused the damage.
A landlord may not:
On the other hand, a landlord has certain rights, but many of these are subject to very specific limits and restrictions. A landlord may, for example:
Landlords and tenants have mutual rights and obligations, but the proper exercise of these can be a somewhat nuanced affair, subject to very strict conditions and limits. Knowing your rights and responsibilities upfront can prevent any issues down the track.