Landlord Violations of Co-Tenancy Laws in Tasmania

Are you a renter in Tasmania sharing a house or apartment? Understanding your rights regarding co-tenancies and subletting is crucial in ensuring you aren't taken advantage of by your landlord. This article will help you identify if your landlord is violating any laws and guide you on what steps you can take.

Understanding Co-Tenancy and Subletting in Tasmania

In Tasmania, the core legislation governing residential tenancies is the Residential Tenancy Act 1997. This Act outlines the rights and responsibilities of tenants and landlords, including provisions for co-tenancies and subletting.

What is a Co-Tenancy?

A co-tenancy occurs when two or more people enter into a rental agreement directly with a landlord. Each co-tenant is equally responsible for the rental agreement's terms, including rent and property damage.

What is Subletting?

Subletting involves a tenant renting out part or all of the rented premises to another person, known as the subtenant. Subletting can usually only occur with the landlord's written consent.

Potential Violations by Landlords

• Refusal of Subletting Requests: Under Tasmanian law, your landlord cannot unreasonably refuse a request to sublet or assign your tenancy. The Residential Tenancy Act 1997 requires that a landlord's consent must not be withheld unreasonably.
• Unauthorized Entry: Your privacy as a tenant is protected, and landlords must give proper notice before entering your home, even in shared housing situations.
• Selective Lease Renewal: All co-tenants must be treated equally regarding lease renewals. Bias in selecting specific tenants without a valid reason could be considered a violation of your rights.

If you suspect any of these issues, you should act quickly to protect your rights.

Filing a Complaint

If you're dealing with a landlord violating co-tenancy or subletting laws, you can file a complaint with the Consumer, Building and Occupational Services (CBOS). This agency handles disputes and complaints regarding tenancy issues in Tasmania.

Required Forms

• Notice to Terminate Tenancy (Form 1): This form can be used if you need to end your lease due to unresolved tenancy breaches. You can find it via the CBOS official forms page.
• Notice to Remedy (Form 2): Use this form to notify your landlord of a breach and request it be remedied within a given timeframe, available on the CBOS forms page.

Your rights as a renter include safe housing and fair treatment. Don’t hesitate to consult with legal or housing advocates if you believe your rights have been violated.

FAQ Section

1. What should I do if my landlord enters my property without notice?

   First, discuss the issue with your landlord. If it continues, you can file a complaint with CBOS. Keep records of unauthorized entries for your protection.

2. Do I need my landlord's permission to find a roommate?

   Yes, generally you will need written permission from your landlord, as adding a roommate is akin to subletting.

3. How can I prove a breach of my rental agreement?

   Document everything: keep records of all communications, take photographs if relevant, and gather any physical evidence that supports your claim of a breach.

Key Takeaways

• Understand your rights under the Residential Tenancy Act 1997.
• Get landlord's consent for subletting to protect yourself legally.
• Utilize CBOS resources for resolving disputes and filing complaints.

Need Help? Resources for Renters

If you find yourself facing issues with your landlord, reach out to these helpful resources:

• Consumer, Building and Occupational Services (CBOS)
• Legal Aid Tasmania
• Tenants’ Union of Tasmania

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Footnotes

• Residential Tenancy Act 1997: legislation.tas.gov.au
• Consumer, Building and Occupational Services (CBOS): consumer.tas.gov.au
• Legal Aid Tasmania: legalaid.tas.gov.au

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