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  • Rental agreement documents

    Posted by cherax on May 27, 2023 at 5:00 pm

    HI All

    Are there templates or documents covering off the specifics of constructing a rental agreement with tenants? Specifically details like dispute resolution, Governing laws, how bond is managed etc. The purpose is to keep the agreement/contract and all management of it in the private.

    cherax replied 2 years, 1 month ago 2 Members · 2 Replies
  • 2 Replies
  • morag-janet-of-the-hill-family

    Member
    May 28, 2023 at 10:56 am

    If you look at a normal rental agreement and use that as a template using what is applicable to you and adding or subtracting anything you need to, that’s probably the best approach and just get all parties to agree and sign it with witnesses.(make sure it is dated). I suggest to keep it in the private you just do it with your own witnesses and they can have their own witnesses too. If anything goes pear shaped you can still use the private agreement in court to show you have a contract with the tenant. I am not saying you should or shouldn’t do this, these are just suggestions from what I have ascertained so far on this site. It is up to you to ensure you have done your due diligence and study.

  • cherax

    Member
    May 28, 2023 at 6:35 pm

    Yes I agree with your points Morag, and I think I have got most of that covered in the agreement I have constructed. But after going through the tenancy disputes Q&A and other information, the clarification I was looking for was, are we compelled or is it prudent to engage an external body to mediate dispute, or determine rules.

    In some example documents have stated points like:

    <i class=””>*This Agreement shall be governed by and construed in accordance with the laws of the State of [STATE].

    <i class=””>*Any dispute arising out of this Agreement shall be resolved by mediation in accordance with the rules of the Australian Mediation Association.

    Does that now engage the public realm? If not allgood, and If its standard practice, then I can just leave it out of the document. Just thought I would put it out there.

    It might be a Q for the next Q&A.