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Free Guide to Hiring a Real Estate Lawyer
In Scottsdale, Australia, Landlord and Tenant law is a facet of Property Law that governs the rental agreement and property rights between landlords and tenants. It sets out the rights, responsibilities, and obligations of both parties encompassing matters such as leasehold estate, evictions, repairs and maintenance, renters' rights, and security deposits. The laws are mainly contained in the Residential Tenancies Act 1997.
Legal assistance in Landlord & Tenant situations might be required in various cases like lease agreement disputes, eviction notices, unfair rental conditions, undelivered promised services, ill-treated repairs, and maintenance. Furthermore, situations where the landlord or tenant are unclear about their rights and responsibilities or need assistance drafting a lease agreement can also require a lawyer.
Under the Scottsdale Residential Tenancies Act, tenants have the right to quiet enjoyment of the property, the right to a safe environment, and the right to dispute any proposed rent increase. Landlords have the right to receive rent on time, to inspect their property with proper notice and to evict a tenant for breach of contract. Both parties are obligated to respect the lease agreement and to deal with each other in good faith.
1. How much notice must a landlord give before eviction?
Generally, landlords should give a minimum 14 days notice to tenants for eviction on basis of failure to pay rent.
2. Can a landlord increase rent during a lease agreement?
Typically, landlords are not allowed to increase rent during the term of a fixed lease agreement unless it was specifically stated in the agreement.
3. What is the process of resolving disputes between landlords and tenants?
Disputes are usually resolved through negotiation, mediation by the Department of Consumer Affairs, or litigation in the Civil and Administrative Tribunal.
4. Who is responsible for repairs and maintenance of the property?
Generally, landlords are responsible for the maintenance and repair of the property unless the tenant has caused the damage.
5. What are the tenant's rights when the property is being sold?
The tenant has a right to stay in the property for the duration of a fixed term lease even if the property is sold, unless the lease states otherwise.
The Australian Government Department of Social Services provides a series of fact sheets to assist both landlords and tenants in understanding their rights and responsibilities. The Consumer Affairs Department of Scottsdale and the Australian Property Law Association can also provide help on related issues.
If you need legal assistance, consider retaining a local lawyer that specializes in Landlord & Tenant law. Make a record of all communications between your landlord or tenant, keep a copy of your lease agreement and any other relevant documents. Be frank about your concerns and what you hope to achieve in your situation. Seek a lawyer with a good reputation for their quality advice.
