69—Tenant's responsibility for cleanliness, damage and loss
(1) It is a term of a
residential tenancy agreement that the tenant—
(a) must
keep the premises and ancillary property in a reasonable state of cleanliness;
and
(ab)
must replace, or compensate the landlord for the reasonable cost of replacing,
any ancillary property lost or destroyed while in the care of the tenant; and
(b) must
notify the landlord of damage to the premises or ancillary property; and
(c) must
not intentionally or negligently cause or permit damage to the premises or
ancillary property.
(2) A tenant who
intentionally causes serious damage to the premises or ancillary property is
guilty of an offence.
Maximum penalty: $25 000.
(3) It is a term of a
residential tenancy agreement that, at the end of the tenancy, the tenant must
give the premises and ancillary property back to the landlord in reasonable
condition and in a reasonable state of cleanliness.
(3a) If a tenant
unintentionally causes damage to the premises or ancillary property as a
result of the use of a domestic facility requiring instruction, the landlord
is not entitled to compensation for the damage unless—
(a) the
domestic facility is listed in the residential tenancy agreement as a domestic
facility requiring instruction; and
(b) the
landlord complied with section 48(2) in relation to the domestic
facility.
(4) In deciding
whether premises or other property is in reasonable condition, its condition
when the tenant took possession of it, and the probable effect of reasonable
wear and tear since that time, must be taken into account.