Lease Agreement Tasmania: Landlord Setup Guide

If you’re a self-managing landlord in Tasmania, the tenancy agreement is the foundation of your legal relationship with your tenant. It is governed by the Residential Tenancy Act 1997 (the Act), and every term you include — or fail to include — determines what you can and cannot enforce for the life of the tenancy.

Tasmania’s tenancy law differs from other states in several important ways. Unlike Queensland or Western Australia, Tasmania does not prescribe a mandatory standard-form agreement that you must use. A tenancy agreement in Tasmania can be written, verbal, or partly both. However, any provision of an agreement that is inconsistent with the Act has no effect under Section 15, regardless of whether both parties agreed to it. The Act’s provisions form part of every residential tenancy agreement by operation of Section 10(3) — whether you write them down or not.

This guide covers everything a self-managing landlord needs to know about setting up a tenancy agreement in Tasmania — from the form of the agreement, through to the bond, condition report, rent, minimum standards, pets, repairs, entry rules, and what happens when the tenancy ends.

For the broader tenancy law framework behind this agreement, see our Tasmania residential tenancy act guide. If you’re working through the full tenancy setup process, it also helps to read the Tasmania rental bond guide alongside this page.

The Tenancy Agreement

A residential tenancy agreement in Tasmania exists wherever a right to occupy residential premises is granted by the owner to a person in exchange for rent, under Section 10(1) of the Act. This is the case whether the agreement is written, verbal, or partly both — and whether it is for a fixed period or not.

Tasmania does not require you to use a prescribed standard-form agreement. You are free to draft your own written agreement, use a commercially available template, or even rely on a verbal agreement. However, a written agreement is strongly recommended for one critical reason: if a dispute arises, a written agreement is your primary evidence of what was agreed. A verbal agreement is enforceable under the Act, but proving its terms in the Magistrates Court is substantially harder.

Requirements for Written Agreements

If the agreement is in writing, it must meet the formatting requirements set out in Section 13(1) of the Act. The agreement must be easily legible, clearly expressed, and if printed, in a font size of 10 points or more.

You must give the tenant a copy of the written agreement within 14 days after the agreement takes effect, under Section 13(2). While the Act does not impose a specific penalty for failing to do so, not providing a copy exposes you to difficulty in enforcing the agreement’s terms — and CBOS guidance makes clear that this is a basic obligation.

What to Include in a Written Agreement

While there is no prescribed form, a well-drafted tenancy agreement in Tasmania should include: the full names and contact details of the owner and tenant, the address of the rental property, whether the agreement is for a fixed term or no fixed term, the start date and (if applicable) end date, the rent amount and payment frequency, the method of rent payment, the bond amount, any services the tenant is responsible for paying (electricity, gas, water), any strata title rules that apply, and any additional terms agreed between the parties — provided they do not conflict with the Act.

Inconsistent Provisions

Under Section 15 of the Act, any provision of a tenancy agreement that is inconsistent with the Act has no effect. This applies regardless of whether both parties agreed to it, regardless of whether the agreement is written or verbal, and regardless of whether the provision was negotiated in good faith. You cannot contract out of the Act.

Either party can apply to the Magistrates Court under Section 16 for an order determining whether a provision is inconsistent with the Act. The Court can order the provision be modified or declare it has no effect.

In practical terms, this means you cannot include terms that attempt to waive the tenant’s right to quiet enjoyment, allow you to enter the property without proper notice, impose fees prohibited by the Act (such as application fees), or override the Act’s repair obligations.

Information You Should Give the Tenant

Under Section 14, you must give the tenant a copy of any information relating to rights and obligations under residential tenancy agreements as the Director of Consumer Affairs and Fair Trading may direct. CBOS guidance states that you should give the tenant a copy of the CBOS Rental Guide booklet. If the property has strata title rules that must be followed, you must give the tenant a copy of those rules at the time of entering into the agreement.

Fixed Term vs No Fixed Term Agreements

Fixed Term Agreements

A fixed term agreement has a start date and an end date. Under Section 10(2) of the Act, a fixed term agreement must be for a period of at least 4 weeks. There is no maximum — you can agree on any term from 4 weeks to several years.

During the fixed term, the owner cannot ask the tenant to leave before the end date unless the tenant has breached the agreement, has caused a substantial nuisance, or the property is being sold by a lending institution due to the owner defaulting on their mortgage. This protection applies even if the property is sold during the fixed term — the tenancy transfers with the property.

No Fixed Term Agreements

An agreement with no end date — whether written or verbal — is a no fixed term agreement. It continues on a rolling basis until either party ends it using the correct notice process under the Act.

A tenant can end a no fixed term agreement by giving the owner at least 14 days’ notice. An owner can end a no fixed term agreement by giving the tenant a Notice to Vacate with the appropriate notice period, which varies depending on the ground — for example, 42 days if the property is being sold, transferred, renovated, or used by a family member. A notice to vacate on the ground of sale or transfer is of no effect unless proof of the agreement to sell or transfer is served with the notice, under Section 43(3A).

What Happens When a Fixed Term Ends

When a fixed term agreement reaches its end date, there are three outcomes.

You and the tenant can extend or renew the existing agreement in writing at any time before it expires, under Section 12. Extension or renewal of a fixed term agreement must be agreed in writing by both the owner and the tenant.

You can enter into a new agreement if any terms are changing — for example, if the rent is being increased or the fixed term is different.

If neither party does anything — no notice to vacate is served, and the agreement is not extended or renewed — the agreement automatically becomes a no fixed term agreement under Section 11(2). The new agreement is subject to the same terms and conditions that existed under the fixed term agreement. No action is required from either party for this to happen — it occurs by operation of law.

Advertising at a Fixed Price

Before you even sign a tenant, there is a legal requirement for how you advertise the property. Under Section 16B of the Act, you must not advertise or offer the property for rent at a price that is not a fixed price. You must not invite a prospective tenant to offer a price higher than the advertised fixed price. The penalty for breaching this provision is a fine not exceeding 50 penalty units.

This means you cannot advertise the property as “from $400 per week” or invite prospective tenants to bid above the asking rent. You must state a single, definite rent amount.

Upfront Costs

Section 17 of the Act strictly limits what you can charge a tenant at the start of a tenancy. The only upfront costs an owner may require are rent in advance for the first payment period, a security deposit (bond), and a holding fee.

You cannot charge an application fee, a fee for providing keys for inspection, a fee for placing a person on a waiting list, or any other fee or consideration for entering into, renewing, extending, or continuing the agreement. The penalty for requiring or receiving prohibited payments is a fine not exceeding 50 penalty units.

Holding Fees

Under Section 31(1) of the Act, the owner and a prospective tenant may enter into a holding agreement to hold unoccupied premises for a specified period exceeding 7 days. The holding agreement may impose a fee payable by the prospective tenant as a condition of the agreement, under Section 31(2). CBOS guidance notes that a holding fee is usually not refundable.

Rent

Payment Period

Under Section 18 of the Act, rent is payable in advance for each payment period. Under Section 19, the payment period must not exceed 4 weeks for standard residential tenancies (or 2 weeks for boarding premises), and the payment period cannot be varied during the tenancy unless the owner and tenant agree.

At the start of the tenancy, the only upfront rent you can require is one payment period in advance — this is because Section 17(1)(a) limits upfront charges to “rent in advance for the relevant payment period” (along with a security deposit and holding fee). During the tenancy, rent continues to be payable in advance for each subsequent payment period under Section 18.

Receipts

If you receive rent in cash or by cheque, you must give the tenant a receipt under Section 21. The receipt must state the date the payment was received, the tenant’s name, the premises, the amount paid, and the period to which the payment relates. If rent is paid electronically (bank transfer), the tenant’s bank records serve as proof of payment.

Rent-Collection Agencies

Under Section 17(3A), a rent-collection agency cannot charge the tenant a fee for paying or receiving rent. If you use a third-party platform to collect rent, the platform cannot charge the tenant directly. Any costs of the rent-collection service must be borne by you.

Rent Increases

Rent can only be increased under Section 20 of the Act if the written agreement allows for an increase, or if there is no written agreement. The owner must give the tenant written notice specifying the new rent amount and the day from which it takes effect.

For standard tenancies (not social housing), a rent increase can only take effect from a day that is more than 60 days after the notice is given, and at least 12 months after the agreement commenced (or was extended or renewed), or more than 12 months after the last increase.

If the tenant considers the increase unreasonable, they can apply to the Residential Tenancy Commissioner under Section 23 within 60 days of being notified of the increase. The Commissioner will consider the general level of rents for comparable premises in the locality and may order the increase to be changed.

Postdated Cheques

You cannot require a postdated cheque or other postdated negotiable instrument in payment for rent, under Section 22.

No Distress for Rent

Under Section 24, you cannot levy or make distress for any unpaid rent. This means you cannot seize the tenant’s possessions to recover unpaid rent. The penalty is a fine not exceeding 50 penalty units, and you must return any goods seized (or pay their value if they cannot be returned).

Bond (Security Deposit)

Maximum Amount

Under Section 25(4)(c) of the Act, the maximum security deposit is 4 weeks’ rent. You cannot require more than one security deposit for the same agreement. Pet bonds are not permitted under Tasmanian law — the standard bond (maximum 4 weeks’ rent) is the only security deposit you can take, regardless of whether the tenant keeps a pet.

How to Lodge the Bond

The security deposit must be paid to the Rental Deposit Authority (the Authority), under Section 25(2). If the property is managed by a property agent, the tenant can pay the bond to the agent, but the agent must then deposit it with the Authority within 10 working days of receiving it, under Section 25(3). Under Section 25(4)(a), an owner must not receive a security deposit from or on behalf of a tenant — for self-managing landlords, this means the bond must be paid directly to the Authority.

The deposit must be accompanied by the prescribed lodgement form, under Section 25(3D) and Section 27(a).

What You Cannot Do

Under Section 25(4), an owner must not receive a security deposit from a tenant (it must go to the Authority), require more than one security deposit for the same agreement, or require an amount exceeding 4 weeks’ rent. The penalty for each is a fine not exceeding 50 penalty units.

At the End of the Tenancy

On termination of the agreement, you must give the tenant a signed claim form within 3 working days, under Section 28. If you are claiming part of the bond, you must also give the tenant a notice stating the reasons why you believe you are entitled to a disbursement.

The tenant can then agree to the claim, in which case the Authority disburses the bond accordingly. If the tenant disagrees, either party can lodge a dispute with the Residential Tenancy Commissioner within the prescribed timeframe, under Section 29F.

Condition Reports

When a Condition Report Is Required

Under Section 26(1), if you require a security deposit, you must give the tenant 2 copies of a condition report stating the condition of the premises on or before the day the tenant occupies the property. The condition report is directly linked to the bond — if you take a bond, you must provide a condition report.

What the Condition Report Must Contain

The report must specify the general state of repair and condition of the premises, and must be signed by the owner, under Section 26(2).

The Tenant’s Role

On receiving the 2 copies, the tenant must sign one copy endorsed with a statement that they agree or disagree with the report (as a whole or any part of it), and return that signed copy to the owner within 2 days, under Section 26(3).

Evidentiary Value

Under Section 26(4), a condition report given under this section is evidence of the state of repair and condition of the premises. This is the single most important document in any bond dispute. If you do not provide a condition report and a dispute arises at the end of the tenancy about property damage, you will have no formal evidence to support a claim against the bond.

Practical Advice

Take detailed photographs of every room, fixture, and surface when completing the condition report. While the Act does not prescribe the level of detail required, the Residential Tenancy Commissioner relies on condition reports and photos when determining bond disputes. Include the date in each photograph. A thorough condition report with photos at the start of the tenancy is the best protection you have.

Minimum Standards

Tasmania has legislated minimum standards for rental properties in Part 3B of the Act. An owner must not enter into, extend, or renew a tenancy agreement unless the property meets these standards. The penalty for failing to comply with each minimum standard is a fine not exceeding 50 penalty units.

If a property does not meet minimum standards, the lease is not invalid — but the owner could be liable for a fine, and the tenant has a right to demand repair or to terminate the agreement with 14 days’ notice.

Structural and Weatherproofing

The property must be weatherproof and in a proper state of structural repair under Section 36I of the Act.

Cleanliness and Good Repair

The property must be clean at the start of the tenancy and must be in good repair, under Section 36J. If the property ceases to be in good repair during the tenancy (through no fault of the tenant), the owner must take all reasonable steps to return it to good repair as soon as practicable.

Bathroom and Toilet

The property must have a functioning flushing toilet connected to a wastewater management system (or council-approved alternative), and a bathroom with a bath or shower and washbasin connected to a continuous supply of hot and cold water, under Section 36K. The toilet must be in a room intended solely for that purpose (or as a bathroom), with adequate ventilation.

Cooking Facilities

The property must have a kitchen area with a functioning sink (connected to hot and cold water), a stovetop with at least 2 functioning heating elements (for 2 or fewer bedrooms) or 3 functioning elements (for 3 or more bedrooms), and a functioning oven (conventional, convection, or microwave), under Section 36L.

Electricity

The property must be connected to a mains electricity supply (or a functioning device capable of supplying sufficient electricity for the number of occupants), under Section 36M(1). All power points and wiring must be safe and functioning (except those noted as non-functioning in the condition report), and every room used by the tenant (other than storage or garage) must have adequate natural or artificial lighting, under Section 36M(2).

Heating

The property must have a fixed heater in the main living area, under Section 36M(3). The heater can be a fixed electric or gas heater, a heat pump, or a wood heater — but an open fireplace alone does not satisfy this requirement unless the Residential Tenancy Commissioner has specifically approved it under Section 36M(4). “Fixed” means attached to the wall; there is no requirement that the heater be hard-wired. The heating must be available to the tenant on demand and provide heat to a reasonable level for the area.

Ventilation

All rooms must have adequate ventilation through windows or openings with a surface area of at least 5% of the room’s floor area, under Section 36O. If a room does not have its own window or opening, it can still comply if it opens into a room that does. Bathrooms, toilets, and laundries can comply without windows if they have an exhaust fan that vents outside or into a roof space with open eaves or roof vents.

Window Coverings

The property must have curtains or blinds covering each window in any room the owner knows is likely to be a bedroom or living area, under Section 36N.

Exemptions

The Residential Tenancy Commissioner has the power to grant exemptions from minimum standards for a property or a class of properties under Section 36P. Exemptions are considered on a case-by-case basis — for example, where a property does not meet the literal wording of a standard but meets its intent, or where an alternative design or technology makes compliance unnecessary without disadvantaging the tenant.

Smoke Alarms

Under Part 3A of the Act, an owner must ensure that smoke alarms are in place during the tenancy in accordance with the requirements prescribed in the Residential Tenancy (Smoke Alarms) Regulations 2022. The penalty for non-compliance is a fine not exceeding 50 penalty units.

Smoke alarms must comply with AS 3786 or AS 1670.1, and must be functional and within their expiry date at the beginning of the tenancy. All smoke alarms must be either mains powered or powered by a 10-year non-removable lithium battery.

In houses, flats, and units, smoke alarms are required in the hallway or corridor outside a bedroom, and at least one alarm is required on any storey that does not contain a bedroom.

The owner is responsible for installing, maintaining, and replacing smoke alarms under Section 36D(1). The tenant must ensure the smoke alarm is functioning during the tenancy, and must notify the owner if a smoke alarm stops working, under Section 36D(2). Neither party may remove or interfere with a smoke alarm — the penalty for doing so is a fine not exceeding 20 penalty units under Section 36F.

Repairs and Maintenance

Owner’s Obligation

Under Section 32(1), the owner must maintain the property as nearly as possible in the condition (apart from reasonable wear and tear) that existed on the day the tenancy agreement was entered into.

Tenant’s Obligation to Report

The tenant must notify the owner of any repairs needed within 7 days of the need arising, under Section 32(2).

General Repair Timeframes

Once notified, the owner must carry out repairs within 28 days (or 14 days if the repair is to a heating element of a cooking stove, or 7 days for boarding premises), under Section 32(3). Repairs that arise from the tenant’s own fault are not the owner’s responsibility.

Urgent Repairs (Essential Services)

If an essential service ceases to function — water, electricity, sewerage, heating, cooking stove, or hot water — the tenant must notify the owner as soon as practicable, and the owner must carry out repairs or restore the service as soon as practicable, under Section 33(1).

If the owner cannot be contacted or fails to arrange repairs within 24 hours, the tenant can authorise a nominated repairer (or, if there is no nominated repairer, a suitable repairer) to carry out the repair, under Section 33(2). The cost is paid by the owner if carried out by a nominated repairer, or by the tenant if carried out by a suitable repairer. In the latter case, the owner must reimburse the tenant within 14 days of receiving the repairer’s statement, account, and receipt, under Section 35.

Emergency Repairs

If damage occurs that is likely to result in further damage or deterioration, the same process applies under Section 34 — the tenant notifies the owner, and if the owner cannot be contacted or fails to act, the tenant can authorise a repairer.

Nominated Repairers

Including nominated repairers in your tenancy agreement is strongly recommended. If the tenant needs urgent or emergency repairs and cannot reach you, they will call the nominated repairer first. If you do not nominate one, the tenant can call a suitable repairer of their own choosing — and you may still be liable for the cost.

Quiet Enjoyment and Entry

Quiet Enjoyment

Under Section 55(1), the tenant has the right of quiet enjoyment of the premises without interference by the owner. Under Section 55(2), the owner must not interfere with the reasonable peace, comfort, and privacy of the tenant. Contravention of Section 55(2) carries a penalty of a fine not exceeding 50 penalty units.

Entry Without Permission

Under Section 56(1), the owner must not enter the premises or permit any other person to enter without the tenant’s permission. The penalty is a fine not exceeding 50 penalty units.

There are limited exceptions.

Entry Without Notice (Emergency)

Under Section 56(2), the owner may enter at any time without notice if it is reasonably believed that the tenant is ill or injured and unable to give permission, that denying immediate access is likely to result in damage, that there is a risk to the tenant or another person, that damage has occurred to the premises, or that the premises have been abandoned.

Entry With 24 Hours’ Notice

Under Section 56(3), the owner may enter the premises with at least 24 hours’ notice for specific purposes: to meet commitments under the agreement, if it is reasonably suspected the tenant has not complied with the agreement, to ensure repairs have been properly carried out, to carry out an initial inspection within one month of the tenancy commencing, or to carry out routine inspections (once every 3 months).

After giving notice, the owner can enter during a period agreed with the tenant, or if there is no agreement, between 8 a.m. and 6 p.m., under Section 56(5).

Showing the Property

If the property is being re-let and a notice to vacate or notice to terminate has been given, or the fixed term expires within 28 days, the owner may show the premises to one prospective tenant (and accompanying persons) at a time, with at least 48 hours’ written notice, on no more than one occasion per day, no more than 5 days per week, and only between 8 a.m. and 6 p.m., under Section 56(4).

The same rules apply for showing the property to prospective purchasers — 48 hours’ written notice, once per day, 5 days per week, between 8 a.m. and 6 p.m., under Section 56(4B).

Before holding an open home for re-letting or sale, the owner must obtain the tenant’s prior written approval under Sections 56(4A) and 56(4C).

Advertising Photos

Under Section 55A, the owner must not display any photograph, film, or video recording of the premises to the public that displays any object that may identify the tenant or another person, without the tenant’s written consent. The penalty is a fine not exceeding 50 penalty units.

Pets

The Residential Tenancy Amendment (Pets) Act 2025 introduced a framework for tenants to request consent to keep pets at rental premises. The provisions are in force as at the consolidation date of 20 March 2026.

The Request Process

A tenant must request consent from the owner using the approved form (Form 36R/36S). The tenant cannot introduce a pet before consent is granted. After receiving the request, the owner has 14 days to either give written consent, or refuse consent by giving the tenant written notice of the refusal (with reasons) and making an application to the Tasmanian Civil and Administrative Tribunal (TASCAT).

If the owner does not respond within 14 days, consent is deemed granted.

Grounds for Refusal

An owner cannot unreasonably refuse a pet request. If the owner refuses, they must apply to TASCAT within 14 days, and TASCAT will determine whether the refusal is on reasonable grounds. Under Section 36V, TASCAT may consider whether keeping the pet would cause a nuisance, cause damage beyond reasonable wear and tear, pose an unacceptable risk to safety, pose an unacceptable risk to the welfare of the pet or another animal, or be inconsistent with a conservation covenant or conservation program relating to the premises. TASCAT can also consider any other grounds it considers reasonable in the circumstances.

The one exception is dangerous dogs: an owner can refuse consent for a dangerous dog (as defined by the Dog Control Act 2000) without applying to TASCAT.

Conditions

The owner and tenant can agree to reasonable conditions for keeping the pet. Conditions must relate only to the pets specified, must not contravene the Act, and must not require an increase to rent or the security deposit. If the parties cannot agree on conditions, this is treated as a refusal and the owner must apply to TASCAT.

Exempt Animals

Guide dogs, hearing dogs, and assistance animals (as defined by the Disability Discrimination Act 1992 (Cth)) are exempt — a tenant does not need the owner’s consent to keep an exempt animal.

Ineligible Animals

Unregistered dogs over 6 months old and un-microchipped cats over 6 months old are ineligible animals and cannot be kept at the premises. However, a cat over 6 months that is not microchipped may still be eligible if it is the subject of a veterinary certificate under Section 12(2) of the Cat Management Act 2009 exempting it from the microchipping requirement.

Pet Damage

The tenant remains responsible for any damage caused by pets that exceeds reasonable wear and tear. The owner can claim against the standard bond for pet-related damage.

Existing Pets

If the tenant had consent (whether verbal or written) to keep a pet immediately before the new laws commenced, that consent is taken to continue under the new framework. The tenant does not need to reapply.

No Pet Bond

Pet bonds are not permitted in Tasmania. The standard bond (maximum 4 weeks’ rent) is the only security deposit available, regardless of whether the tenant keeps a pet.

Rejecting Rental Applications Because of Pets

Under Section 36W, an owner must not unreasonably reject a rental application on the basis that the applicant has indicated they will be requesting consent to keep a pet. You cannot screen out applicants simply because they mention wanting a pet.

Alterations, Additions, and Fixtures

Under Section 54, the tenant must not affix any fixture to the premises or make any alteration or addition without the owner’s written consent, unless the agreement provides otherwise.

The tenant may remove any fixture they have affixed, provided removal is not likely to cause damage. If removal does cause damage, the tenant must notify the owner and either repair the damage or compensate the owner for reasonable repair expenses, at the owner’s option.

Breaking the Lease

“Breaking the lease” refers to a tenant leaving a fixed term tenancy before the end date without proper grounds or a valid notice to terminate.

Tenant’s Liability

A tenant who breaks the lease is responsible for paying rent until a new tenancy begins or until the end date of the lease, whichever comes first. The owner can claim from the bond for any financial loss arising from the early vacation.

Owner’s Obligation to Mitigate

Under Section 64A, the owner must take all reasonable steps to mitigate any loss arising from the tenant’s breach. This means advertising for new tenants and processing applications as soon as you become aware the tenant intends to leave or has left. You cannot simply sit back and let the rent accrue until the lease expires. If you fail to mitigate, the Residential Tenancy Commissioner may reduce the amount you can claim.

What You Can Claim

You can claim rental loss (rent owed from the date the tenant left until a new tenant starts or the lease expires, whichever is first) and reasonable third-party costs such as advertising. You cannot claim for your own time spent re-letting the property, and you cannot claim your agent’s fee for re-letting as this is not considered a cost directly related to the tenant’s obligations under the Act. Break lease “fees” imposed by agents are contrary to Section 17 of the Act.

Re-letting costs cannot be claimed if the tenant was evicted (that is, served with a notice to vacate or ordered out by the Magistrates Court).

Tenant’s Termination Rights

A tenant may validly terminate a fixed term tenancy early if the owner has breached the agreement or has failed to carry out repairs within 28 days of being notified. In these cases, the tenant serves a Notice to Terminate with at least 14 days’ notice. If the termination is for breach (other than failure to repair), the notice has no effect if the owner complies with the agreement within 14 days. However, if the notice is for failure to carry out repairs, the notice stands even if the owner carries out the repairs within the 14-day notice period.

If arrears escalate beyond the agreement stage, our Tasmania eviction notice guide guide explains the notice process step by step. If the tenancy later ends early, review the agreement terms and notice requirements before treating the fixed term as ended.

Common Mistakes Landlords Make

Relying on a Verbal Agreement

While a verbal agreement is legally valid in Tasmania, it creates serious enforcement problems. If a dispute arises over what was agreed — rent amount, payment terms, maintenance responsibilities, pet permissions — you have no written record to rely on. The Magistrates Court will weigh the available evidence, and without a written agreement, the tenant’s version of events may carry as much weight as yours. Always use a written agreement.

Not Providing a Condition Report

If you take a bond but do not provide a condition report, you have no formal evidence of the property’s condition at the start of the tenancy. When the tenancy ends and you want to claim against the bond for damage, the Residential Tenancy Commissioner will look for the condition report. If there is none, your claim is significantly weakened.

Taking Bond Into Your Own Account

Self-managing landlords cannot receive the bond themselves. Under Section 25(4)(a), an owner must not receive a security deposit from or on behalf of a tenant — the deposit must be paid directly to the Rental Deposit Authority under Section 25(2). If you collect the bond and deposit it into your own bank account, you are breaching the Act. The penalty is a fine not exceeding 50 penalty units, and a court can order you to pay the amount to the Authority within 3 working days.

Not Giving the Claim Form Within 3 Working Days

At the end of the tenancy, you must give the tenant a signed claim form within 3 working days of termination under Section 28. If you delay — even by a week — you are not complying with the Act, and the tenant may dispute the claim on procedural grounds.

Charging Prohibited Fees

You cannot charge an application fee, a key inspection fee, a fee for placing someone on a waiting list, or any other fee beyond rent, bond, and a holding fee under Section 17. This is a common mistake for self-managing landlords who have seen agents charge such fees in other states. In Tasmania, the penalty is a fine not exceeding 50 penalty units.

Entering Without Proper Notice

Routine inspections require at least 24 hours’ notice and can only be conducted once every 3 months. Showing the property to prospective tenants or purchasers requires at least 48 hours’ written notice. Entering without proper notice is an offence carrying a fine not exceeding 50 penalty units.

Not Responding to a Pet Request Within 14 Days

Under the Residential Tenancy Amendment (Pets) Act 2025, if you do not respond to a tenant’s pet request within 14 days, you are taken to have consented. If you want to refuse, you must give written notice of the refusal with reasons and apply to TASCAT — both within 14 days. Simply ignoring the request means the tenant can keep the pet.

Including Terms That Conflict With the Act

Any term that is inconsistent with the Act has no effect under Section 15. Common examples include clauses that waive the tenant’s right to quiet enjoyment, allow entry without notice, charge prohibited fees, or cap the owner’s repair obligations below what the Act requires. Including such terms does not make them enforceable — it just creates confusion and potential disputes.

Frequently Asked Questions About Lease Agreements in Tasmania

Do I have to use a specific form for my tenancy agreement? No. Tasmania does not prescribe a mandatory standard-form agreement. You can draft your own written agreement or use a commercial template. However, any provision that is inconsistent with the Residential Tenancy Act 1997 has no effect under Section 15, regardless of what both parties agreed. A written agreement is strongly recommended.

Does the agreement have to be in writing? No, but it should be. A tenancy agreement in Tasmania can be written, verbal, or partly both under Section 10(1). However, if the agreement is in writing, you must give the tenant a copy within 14 days of the tenancy commencing under Section 13(2). A verbal agreement is much harder to enforce if a dispute arises.

What documents must I give the tenant? If the agreement is in writing, you must give the tenant a copy within 14 days. You should give the tenant a copy of the CBOS Rental Guide. If the property has strata title rules, you must give the tenant a copy of those rules. If you take a bond, you must give the tenant 2 copies of a condition report on or before the day they move in under Section 26.

How much bond can I charge? The maximum bond is 4 weeks’ rent under Section 25(4)(c). You cannot require more than one security deposit for the same agreement. Pet bonds are not permitted in Tasmania — the standard bond is the only security deposit available.

Where does the bond go? The bond must be paid to the Rental Deposit Authority (RDA). Under Section 25(4)(a), an owner must not receive a security deposit from or on behalf of a tenant — it must go directly to the Authority. If you use a property agent, the agent must deposit the bond with the Authority within 10 working days of receiving it under Section 25(3).

How much rent in advance can I ask for? You can require rent in advance for the relevant payment period — up to a maximum of 4 weeks for standard residential tenancies under Sections 17 and 19. At the start of the tenancy, the only upfront rent you can require is one payment period in advance. During the tenancy, rent continues to be payable in advance for each subsequent payment period under Section 18.

Can I charge an application fee? No. Under Section 17(2), you cannot require or receive money for making an application to rent, providing keys for inspection, placing a person on a waiting list, or any other prescribed activity. The penalty is a fine not exceeding 50 penalty units.

What are the minimum standards my property must meet? Before you can enter into a tenancy agreement, the property must be weatherproof and structurally sound, clean and in good repair, have a functioning flushing toilet, have a bathroom with hot and cold running water, have adequate cooking facilities (including an oven, stovetop, and kitchen sink with hot and cold water), be connected to electricity, have a fixed heater in the main living area (not an open fireplace unless specifically approved by the Commissioner), have adequate ventilation, and have window coverings in bedrooms and living areas. These are set out in Part 3B of the Act.

How often can I inspect the property? Once every 3 months for routine inspections, with at least 24 hours’ notice, under Section 56(3)(f). You may also carry out an initial inspection within one month of the tenancy commencing. Entry must be between 8 a.m. and 6 p.m. unless the tenant agrees to a different time.

What happens if my tenant wants a pet? The tenant must submit a request using the approved form. You have 14 days to either consent in writing or refuse by giving written notice with reasons and applying to TASCAT. If you do not respond within 14 days, consent is deemed granted. You cannot charge a pet bond or increase the rent as a condition of approval.

What happens if the tenant breaks the lease early? The tenant is responsible for rent until a new tenant is found or until the end date of the lease, whichever comes first. You must take all reasonable steps to mitigate your loss — including advertising and processing applications promptly. You can claim reasonable advertising costs but not your own time or your agent’s re-letting fee.

Can I increase the rent during a fixed term? Only if the written agreement allows for a rent increase, and only after the required time has passed — not less than 12 months since the agreement commenced (or was extended or renewed), or more than 12 months since the last increase. You must give more than 60 days’ written notice under Section 20.

What is the Residential Tenancy Commissioner? The Residential Tenancy Commissioner is an independent officer who determines disputes about bond claims, unreasonable rent increases, and repair orders. The Commissioner sits within Consumer, Building and Occupational Services (CBOS). For disputes that cannot be resolved by the Commissioner, either party can apply to the Magistrates Court (Civil Division).

How do I end a no fixed term tenancy? You must serve a Notice to Vacate on the tenant. The notice period depends on the reason — 42 days if the property is being sold, transferred, renovated, or used by a family member; 14 days for breach of the agreement or substantial nuisance; 60 days if the property is being sold by a lending institution. If the tenant does not leave, you must apply to the Magistrates Court for an order for vacant possession within 28 days of the notice taking effect. Note: if the notice is for failure to pay rent (which is a breach under Section 42(1)(a)), the notice has no effect if the tenant pays all arrears before the notice takes effect, under Section 43(2) — unless 2 or more notices on that ground have already been served in the preceding 12 months. A notice to vacate for sale or transfer is also of no effect unless proof of the agreement to sell or transfer is served with the notice, under Section 43(3A).

Summary

Setting up a tenancy agreement in Tasmania starts with understanding that while the Act does not prescribe a mandatory form, every tenancy — written or verbal — is governed by the Residential Tenancy Act 1997. Any term that conflicts with the Act has no effect. A written agreement is not legally required but is essential in practice for enforcement and evidence purposes.

The key obligations at the start of a tenancy are straightforward: charge no more than 4 weeks’ rent as bond and lodge it with the Rental Deposit Authority (not your own account), take no more than one payment period of rent in advance at the start of the tenancy, charge no application fees or other prohibited charges, provide a condition report if you take a bond, ensure the property meets minimum standards (including cleanliness and good repair) before the tenant moves in, install compliant smoke alarms, and give the tenant a copy of the written agreement within 14 days.

During the tenancy, maintain the property to the standard it was in at the start (apart from reasonable wear and tear), carry out general repairs within 28 days, restore essential services as soon as practicable, give proper notice before entering the premises, and respond to pet requests within 14 days.

At the end, provide a signed claim form within 3 working days, support any bond claim with evidence, and if the tenant has broken the lease, mitigate your loss by finding a new tenant as quickly as possible.

The single most common cause of disputes at the end of a tenancy is a poorly completed or missing condition report. The single most common cause of unenforceable agreement terms is a clause that conflicts with the Act. Both are entirely preventable.

Related guides for TAS landlords

If you are building out the full landlord workflow for this state, these guides connect this page to the rest of the tenancy process.

Same-state guides

• Tasmania rental bond guide
• Tasmania rent increase guide
• Tasmania eviction notice guide

Compare lease agreement guides in other states

• WA lease agreement guide
• NSW lease agreement guide
• QLD lease agreement guide
• VIC lease agreement guide
• SA lease agreement guide
• ACT tenancy agreement guide