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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 136AA

Evidence of claim on rental bond to be given to tenant or resident

136AA Evidence of claim on rental bond to be given to tenant or resident

(1) This section applies if—
(a) the authority receives an application for payment of a rental bond under section 125 and the application directs that a payment be made to the lessor or provider; or
(b) an interested person who is a lessor or provider makes a dispute resolution request to the authority about the payment of a rental bond.
(2) The lessor or provider must, within the period mentioned in subsection (3) , give the tenant or resident evidence supporting—
(a) the claim on all or part of the rental bond; or
(b) the dispute resolution request about the payment of all or part of the rental bond.
Penalty—
Maximum penalty—20 penalty units.
Examples of evidence—
receipts, quotes to repair damage, records of unpaid rent
(3) For subsection (2) , the period is 14 days after the day the application or dispute resolution request is made.
(4) Subsection (2) does not apply if the lessor, lessor’s agent, provider or provider’s agent has been unable to contact the tenant or resident after making reasonable efforts.
(5) Without limiting subsection (4) , reasonable efforts to contact the tenant or resident include the following—
(a) attempting to contact the tenant or resident by telephone, including text message, email or private message on a social media platform;
(b) attempting to contact an emergency contact listed in the agreement.
(6) Section 525 (2) and (3) applies as if—
(a) this section were a provision of this Act that requires the provider to give a notice to the resident; and
(b) a reference in section 525 (2) or (3) to a notice were a reference to the evidence mentioned in subsection (2) .



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