Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 173

173 Certain terms about penalties and other payments void

(1) A term of an agreement is void to the extent it provides that, if the tenant breaches the agreement or this or another Act, the tenant is liable to pay—

(a) all or a part of the rent remaining payable under the agreement; or

(b) increased rent; or

(c) an amount as a penalty; or

(d) an amount as liquidated damages.

(2) However, subsection (1) does not apply to a term of an agreement requiring the tenant to pay the reasonable costs incurred by the lessor in reletting the premises if the term complies with section 357A .

(3) A lessor or lessor’s agent must not require a tenant to enter into an agreement containing a term that is void under subsection (1) .

Penalty—

Maximum penalty for subsection (3) —20 penalty units.