A residential lease (called a Residential Tenancy Agreement by the Residential Tenancy Act) is a contract between a landlord and a tenant where the tenant agrees to pay rent in exchange for being granted the right to occupy the landlord’s property. Much like other contracts that involve an imbalance of power between the parties (such as employment and consumer contracts), the Residential Tenancy Act restricts what terms are able to be included in a lease.
The following is an example of a Residential Tenancy Agreement that has been developed to be consistent with the Residential Tenancy Act (1997) and is therefore only applicable to Tasmania. Any provision that is included in a tenancy agreement that is inconsistent with the Act is invalid and has no legal effect. It is not lawful to contract out of any rights or responsibilities described in the Act. Even if a tenant signs a tenancy agreement agreeing to conditions that are inconsistent with the Act, they cannot be lawfully required to meet those conditions.
The tenancy agreement available at the following link includes standard terms and conditions that are consistent with the Tasmanian Residential Tenancy Act (1997).