Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 161
Rights and obligations about holding deposits
161 Rights and obligations about holding deposits
(1) A holding deposit paid to or for a prospective lessor of
residential premises is forfeited to the prospective lessor if— (a) the
prospective tenant does not, within the option period— (i) exercise the
option to enter into an agreement for the premises; or
(ii) notify the
prospective lessor of the intention not to exercise the option; or
(b) having
exercised the option, the prospective tenant fails to take all necessary and
reasonable steps to enter into the agreement.
(2) If the holding deposit is
not forfeited but the agreement is not entered into, the prospective lessor
must refund the deposit to the prospective tenant within 3 days after the
prospective tenant notifies the prospective lessor of the intention not to
exercise the option.
(3) If the holding deposit is not refunded, it may be
recovered by the prospective tenant as a debt owing by the prospective lessor
to the tenant.
(4) If the prospective tenant exercises the option, the
prospective lessor or prospective lessor’s agent must take all necessary and
reasonable steps to ensure the prospective lessor enters into the agreement.
Penalty— Maximum penalty—20 penalty units.
(5) If the agreement is
entered into— (a) the holding deposit must be applied in full or part
payment of the rental bond for the agreement; and
(b) if an amount remains
from the deposit after payment of the rental bond—the amount must be applied
in payment of rent.
(6) Sections 24 and 25 apply to this section as if a
reference in the sections to the lessor were a reference to the prospective
lessor.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback