(1) A person must not
require or receive from a tenant any monetary amount for or in relation to a
residential tenancy agreement other than rent and a security bond.
Penalty for this subsection: a fine of $5 000.
(2) Subsection (1)
does not apply to —
(a) any
amount, not exceeding a prescribed amount, required or received as
consideration for an option to enter into a residential tenancy agreement if
—
(i)
upon the option being exercised, the amount is refunded
in cash or applied towards the rent payable under the agreement; or
(ii)
upon the option being refused, and within 7 days of the
decision to refuse the option, the amount is refunded in cash, by electronic
means or in any other prescribed way;
and
(b) any
amount that the lessor is authorised by any other provision of this Act to
require or receive; and
[(c) deleted]
(d) any
other payment of a prescribed class.
[Section 27 amended: No. 59 of 1995 s. 46 and 55;
No. 60 of 2011 s. 23 and 89; No. 3 of 2019 s. 25; No. 11 of 2024 s. 21.]