Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 65

65 Condition report at start of tenancy

(1) This section applies to a lessor or lessor’s agent if the terms of the residential tenancy agreement are required to be in writing.

(2) The lessor or agent must on or before the day the tenant occupies the premises under the residential tenancy agreement—

(a) prepare, in the approved form, a condition report for the premises and any inclusions; and

(b) sign the condition report; and

(c) give a copy of the condition report to the tenant.

Penalty—

Maximum penalty—20 penalty units.

(3) The tenant must, within 7 days after the tenant occupies the premises under the residential tenancy agreement—

(a) sign the copy of the condition report given to the tenant; and

(b) if the tenant does not agree with the condition report—show the parts of the condition report the tenant disagrees with by marking the copy of the condition report in an appropriate way; and

(c) return the copy of the condition report to the lessor or agent.

Penalty—

Maximum penalty—20 penalty units.

(4) However, if the lessor or agent has not given a copy of the condition report to the tenant before the tenant occupies the premises, subsection (3) applies to the tenant as if a reference to occupying the premises were a reference to receiving the copy.

(5) If the tenant returns the copy of the condition report to the lessor or agent under subsection (3) , the lessor or agent must make a copy of the condition report and return it to the tenant within 14 days.

Penalty—

Maximum penalty—20 penalty units.

(6) The lessor or agent must keep, at least until 1 year after the last residential tenancy agreement, to which a condition report relates, ends—

(a) the signed copy of the condition report returned to the lessor or agent by the tenant; or

(b) if the tenant does not return a signed copy—another copy of the condition report.

Penalty—

Maximum penalty—20 penalty units.

(7) If the lessor or agent complies with subsection (2) for a residential tenancy agreement (the
"original agreement" ), subsections (2) to (5) do not apply in relation to a later residential tenancy agreement (a
"renewal agreement" ) that continues the tenant’s right to occupy the same premises.

(8) Unless a new condition report is prepared for a renewal agreement, the condition report for the original agreement is taken to be the condition report for the renewal agreement at the start of the tenancy.