Leases with a fixed term of three years or more must also be recorded on the title deed. This protects the fixed term from extinction in the event of sale of the property. Leases with a fixed term of three years or less automatically have this protection (Real Property Act 1900 (NSW), section 42(1)(d)). Your lease will be either a fixed-term contract or a “periodic contract” (sometimes called a “perpetual contract” or, less precisely, a “monthly contract”). Most leases start as fixed-term contracts, usually with a fixed term of six or 12 months. After the deadline expires, the contract automatically becomes a periodic contract – however, if you and the owner agree, you can conclude another fixed term. If you are unsure of the law that applies to you, please contact us before starting your rental. These agreements often contain terms very different from those required by law and can be referred to as residential leases (a “license agreement” is a common example). Some explicitly state that the RT law of 2010 is not applicable. In most cases, rental agreements are considered “monthly” and are automatically renewed at the end of each term (month), unless otherwise specified by the tenant or landlord.

In the case of a rental agreement, the landlord and tenant are free to change the terms of the contract at the end of each monthly period (provided that the appropriate termination procedures are followed). Overall, a tenant does not have the right to dispute the amount of rent they have agreed to pay. The tenant also does not have the exclusive use of the entire site. The fact that the landlord retains control of the premises and the tenant`s lack of ownership regardless of the landlord is what distinguishes a tenant from a tenant…

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