General tenancy agreement (Form 18a)

Section 61 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) requires the lessor or agent to ensure a residential tenancy agreement is in writing, includes the standard terms and any special terms, and states the day the rent was last increased (unless the lessor is exempt). The standard terms are prescribed by regulation (s 55) and are set out in Part 2 of Form 18a. Duties and entitlements under the Act are part of every agreement even if not written in it (s 52), the Act overrides any inconsistent term, and a standard term overrides an inconsistent special term (s 54). Moveable dwellings use Form 18b and rooming accommodation Form R18.

When you need it

• You are starting a tenancy of a house, unit, apartment, townhouse or houseboat in Queensland, whether fixed term or periodic, including with family or friends.
• You are renewing a tenancy with a new fixed term agreement.
• You are a prospective tenant and want to check the terms: the lessor must give you the agreement document before taking money or a commitment from you, other than a key deposit (s 58).

1. 1

   Part 1, items 1 to 4: the parties and notices

   Enter the lessor's name and address, each tenant's name, contact details and emergency contact, the agent's details if any, and tick whether notices may be given by email, text or fax to each party. Only methods ticked here can be used to give notices electronically (clause 48).

2. 2

   Items 5 and 6: premises and term

   Enter the rental address, inclusions such as furniture, and any current repair orders. Tick fixed term or periodic and give the start date and, for a fixed term, the end date.

3. 3

   Items 7 to 12: rent and bond

   State the rent and period, the payment day, at least 2 ways to pay rent (s 83), the place of payment (optional), the day of the last rent increase for the premises, and the bond amount. The bond cannot exceed 4 weeks' rent (s 112).

4. 4

   Items 13 to 19: services, occupants, repairs and pets

   Say which services the tenant pays for and how costs are shared if not individually metered, whether the tenant pays for water, how many people may live there, whether body corporate by-laws apply and were given, the nominated repairers for electrical, plumbing and other repairs, and any pets approved.

5. 5

   Part 3: special terms and signing

   Add any agreed special terms (for example pool maintenance). They cannot override the Act or the standard terms. The lessor or agent and each tenant sign and date the agreement.

• Form 18a is not lodged with the RTA. The lessor or agent gives it to the tenant to sign on or before the day the tenant moves in (s 62(1)).
• The tenant must sign and return it within 5 days after receiving it, and the lessor or agent must sign and return a copy signed by both within 14 days after that (s 62(2), (3)). The lessor or agent keeps a copy for 1 year after the agreement ends (s 63).
• Give the tenant the information statement (Form 17a Pocket guide for tenants) when the agreement is given for signing or when the tenant becomes entitled to occupy, whichever is earlier (s 67), and an entry condition report (Form 1a) on or before the day the tenant moves in; the tenant returns it signed within 7 days (s 65).
• Any bond is lodged with the RTA within 10 days of receipt using Form 2 or the online service (s 116).

• Before signing, a lessor may only take a key deposit, holding deposit, bond or rent from a prospective tenant (s 59). Rent in advance is capped at 2 weeks for a periodic agreement and 1 month for a fixed term (clause 9).
• Rent cannot be increased less than 12 months after the last increase for the premises, even if that increase was under an earlier tenancy or owner (s 93). An increase needs at least 2 months' written notice and, during a fixed term, must be provided for in the agreement (s 91).
• If no notice to leave or intention to leave is given before a fixed term ends, the tenant holds over under a periodic agreement on the same terms (s 70; clause 6).
• Keep the entry condition report. It is the starting point for any bond claim at the end of the tenancy.