Australian Capital Territory Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 71EC

    (1)     A grantor must not require an occupant under an occupancy agreement for premises to pay a security deposit unless—

        (a)     the agreement is—

              (i)     in writing; and

              (ii)     for a fixed term of more than 14 days; and

        (b)     the grantor complies with section 71EB in relation to a condition report.

    (2)     The maximum amount of a security deposit is—

        (a)     for an occupancy agreement with a fixed term of more than 14 days but less than 6 months—an amount of no more than the first 2 weeks of any occupancy fee payable under the agreement; or

        (b)     for an occupancy agreement with a fixed term of 6 months or longer—an amount of no more than the first 4 weeks of any occupancy fee payable under the agreement.

    (3)     The amount of the security deposit must be stated in the occupancy agreement.

    (4)     A grantor must not require or accept—

        (a)     more than 1 security deposit in relation to an occupancy agreement; or

        (b)     a security deposit from an occupant under an occupancy agreement for premises (the "current agreement") if—

              (i)     the occupant occupied the premises under an earlier occupancy agreement (the prior agreement ); and

              (ii)     a security deposit is held in relation to the prior agreement; and

              (iii)     an application for the release of the deposit has not yet been made.

Note     An application may be made under div 3.4 (as applied by s 71ED (4)).