LANDLORD AND TENANT ACT 2017 Contents
REPUBLIC OF FIJI ISLANDSLANDLORD AND TENANT ACT 2017ContentsPart 1 Preliminary1.2.Short Title and CommencementInterpretationPart 2 Application of Act3.4.5.6.7.8.Part 39.10.11.12.13.14.15.16.Part 417.18.Act cannot be avoidedAct to bind the CrownPremises to which Act does not applyAgreements to which Act does not applyEmployee and Caretaker arrangementsApplication of Act to occupants in shared householdsResidential Tenancy AgreementsForm and Content of Residential Tenancy AgreementLandlord’s obligation to ensure written residential tenancy agreementCertain unexecuted residential tenancy agreements enforceableProhibited termsInconsistent and prohibited terms voidDisclosure of information to tenants generallyNames and addresses to be providedTenant entitled to copy of Residential Tenancy agreementCondition ReportsCondition ReportCondition report evidence of condition of premises
Part 5 - Rights and Obligations of Landlords and sion 1 - Rent and other paymentsLimit on amounts payable by tenant before agreementPayment of rent by tenantAcceptance of rent by landlordManner of payment of rentRent receiptsRent recordsHolding FeesUtility charges payable by tenantWater usage charges payable by tenantPayment of rates, taxes and certain utility charges by landlordRent increasesRent reductionsTenant’s remedies for excessive rent and charges32.33.34.35.36.37.Division 2 - Occupation and use of residential premisesOccupation of residential premises as residenceTenant’s right to quiet enjoymentUse of premises by tenantLandlord’s general obligations for residential premisesSale of residential premisesLiability of tenant for actions of others38.39.40.41.42.43.44.Division 3 - Landlord’s rights to enter residential premisesEntry by Landlord with tenant’s consentAccess by landlord to residential premises without consentLimits to entry by Landlord and others without consentDuty of tenant to give access to residential premisesLandlord must only enter premises in accordance with DivisionLandlord’s remedies relating to access to premisesTenant’s remedies relating to access to premisesPart 645.46.47.48.Repairs and Maintenance of Residential PremisesDefinitionsLandlord’s general obligationUrgent repairs to residential premisesTenant must not make alterations to premises without consent
49.50.51.52.53.54.55.56.Removal of fixtures installed by tenantTenants’ remedies for repairs and alterationsOrders/Directions for repairsLandlords’ remedies for alterationsLocks and other security devicesChanges of locks and other security devicesCopies of changed locks and other security devices to be given to other partyRemedies for security of residential premisesPart 7 Changes to Tenancy57.58.59.60.61.Transfer of tenancy, assignment or sub-letting by tenantConsent to transfer of tenancy or sub-lettingNotice of sale of residential premises by landlordRecognition of certain persons as tenantsDeath of co-tenantPart 8 Termination of Residential Tenancy Agreements62.63.64.65.66.67.68.69.70.71.Division 1-GeneralCircumstances of termination of residential tenanciesTermination noticesTermination OrdersWithdrawal of termination noticesDefects in termination noticesTenant may vacate at any time before termination date specified by landlordRetaliatory evictionsAccrual of rent on terminationAcceptance of rent after termination noticeOther notices72.73.74.75.76.77.78.79.Division 2 – Termination by PartiesEnd of residential tenancy agreement at end of fixed term tenancyEnd of tenancy at end of periodic agreementsSale of premisesBreach of agreementTermination notices for non-payment of rentRepayment of rent owing following issue of non-payment termination noticeSerious damage or injury by tenant or other occupantUse of premises for illegal purposes
80.81.82.83.84.85.Commission may terminate residential tenancy agreement for threat, abuse, intimidationor harassmentHardship to landlord or TenantOccupants remaining in residential premisesEarly termination without compensation to landlordTermination by co-tenant of own tenancyTermination of agreement or co-tenancies by Commission86.87.Division 3 - Abandonment of residential premisesAbandoned premisesLandlord’s remedies on abandonment88.89.90.Division 4 - Termination by eventsDeath of tenantAgreement frustrated-destruction of, or uninhabitable, premisesDisputes about TerminationPart 9 Recovery of possession of premises91.92.93.94.95.Division 1Recovery of possessionProhibition on certain recovery proceedings in courtsRepossession of residential premises—offencesEnforcement of orders for possessionMortgagee repossessions of rented propertiesLiability of tenant remaining in possession after n 2Goods left on residential premisesApplication and interpretationDisposal noticesPerishable goodsStorage of goodsDisposal of non-perishable goods (other than personal documents)Disposal of personal documentsCollection of goods by former tenants or persons entitled to goodsLandlord may seek Commission’s directionOrders by Commission relating to goodsPart 10Rental bondsDivision 1Preliminary105. Online rental bond service
106. Mortgagee in possession may exercise functions107.108.109.110.Division 2Payment and deposit of rental bondsPayment of bondsOther security may not be requiredOne rental bond for each agreementDeposit of rental 22.Division 3Release of rental bondsClaims for rental bondsClaim Notice to be given to other partyNotice to tenants of claims against tenantsMatters that may be subject of rental bond claimPayment where no disputeDisputed rental bond claimsAppeals may be made despite paymentPayment to other personsCommission not required to pay excess amountNo Payment of interest by Commission on rental bond amountsRepayment of bond to former co-tenantProof of deposit of bondDivision 4Rental Bond Board123. Constitution of Rental Bond Board124. Members of Rental Bond Board125. Delegation126.127.128.129.130.Division 5Functions of Board relating to residential accommodationJoint ventures for residential accommodationJoint venture powersInvestment in residential accommodation unit trustsGuarantees etc by BoardFinanceDivision 6Financial matters131. Rental Bond Account132. Rental Bond Interest AccountPart 11Powers of Commission under the ActDivision 1General powers of Commission133. Orders that may be made by Commission
134. Application of provisions relating to CommissionDivision 2Powers of Commission relating to breaches of residential tenancyagreements135. Applications relating to breaches of residential tenancy agreements136. Matters for consideration by Commission in applications relating to security breachesPart 12Enforcement137.138.139.140.141.142.Division 1Powers of officers of the Commission under this ActPowers of entry and other powersPower of an authorized officer to obtain information, documents and evidenceObstruction of Officer of the CommissionTaking possession of documents to be used as evidenceSearch warrantsApplication of the Commerce Commission Decree 2010143.144.145.146.147.Division 2OffencesNature of proceedings for offencesPenalties that can be imposedPenalty noticesOffences by corporationsAiding and abetting etcDivision 3Mandatory appointment of agents for landlords148. Appointment of landlord’s agentsDivision 4Costs in certain court proceedings149. Costs in court proceedingsPart 13Residential tenancy databasesDivision 1Application150. Application151.152.153.154.155.156.Division 2Tenancy Database InformationNotice of database and listingListing can be made only for particular breaches by particular personsFurther restriction on listingEnsuring quality of listing—landlord’s and agent’s obligationEnsuring quality of listing—database operator’s obligationProvision of copies of listed personal information
157. Disputes about listings158. Limit on period of listingPart tracting out prohibitedContract Review Act 1980Tenant’s AgentService of Notices or Other Documents under the ActRegulationsExclusion of Personal LiabilitySavings and transitional provisionsReview of Act
Part 1 PreliminaryShort Title and Commencement1.This Act is cited as The Landlord and Tenant Act 2017 and shall come into effect on.Interpretation2.In this Act:agent of a landlord means a person acting on behalf of a landlordclaim notice period means the period specified in a claim notice within which any proceedingsaffecting the rental bond must be notified to the Commission.database means a system, device or other thing used for storing information, whether electronicallyor in some other form.deposit period means the period within which a rental bond must be deposited with theCommission.fixed term agreement means a residential tenancy agreement for a tenancy for a fixed term.function includes a power, authority or duty.Landlord Includes:a. the owner of a rental unit or any other person who permits occupancy of a rental unit, otherthan a tenant who occupies a rental unit in a residential complex and who permits anotherperson to also occupy the unit or any part of the unit,b. the heirs, assigns, personal representatives and successors in title of a person referred to inclause,c. A person, other than a tenant occupying a rental unit in a residential complex, who isentitled to possession of the residential complex and who attempts to enforce any of therights of a landlord under a tenancy agreement, including the right to collect rent.d. a tenant who has granted the right to occupy residential premises to a sub-tenant, andincludes a prospective landlord.
landlord’s agent means a person who acts as the agent of a landlord and who (whether or not theperson carries on any other business) carries on business as an agent for:a. the letting of residential premises, orb. the collection of rents payable for any tenancy of residential premiseslessee means a person to whom permission is given, pursuant to a rental agreement, to occupyresidential premises and includes his/her assigns and legal representativeslessor means the owner or other person permitting the occupation, pursuant to a rentalagreement, of residential premises and includes his heirs, assigns, personal representatives andsuccessors in titlelist personal information about a person in a residential tenancy database means:a. enter the personal information into the database, orb. give the personal information to a database operator or someone else for entry into thedatabase, and includes amend personal information about the person in the database toinclude additional personal information about the person.out-of-date, in relation to personal information in a residential tenancy database, means theinformation is no longer accurate because:a. for a listing made on the basis the person owes a landlord an amount that is more than therental bond for a residential tenancy agreement—the amount owed was paid to thelandlord within 3 months after the amount became due, orb. for a listing made on the basis the Commissionhas made a termination order—the order hasbeen suspended, the warrant for possession has lapsed or the parties have entered into anew residential tenancy agreement.personal information means:a. an individual’s name, orb. information or an opinion, whether true or not, about an individual whose identity isapparent, or can be reasonably ascertained, from the information or opinion.residential tenancy database means a database:a. containing personal information:(i) relating to, or arising from, the occupation of residential premises under a residentialtenancy agreement, or(ii)entered into the database for reasons relating to, or arising from, the occupation ofresidential premises under a residential tenancy agreement, and
b. the purpose of which is for use by landlords or agents of landlords for checking a person’stenancy history to decide whether a residential tenancy agreement should be entered intowith the person.tenant includes a resident or proposed resident within the meaning of this Actrental bond means an amount of money paid or payable by the tenant or another person assecurity against any failure by a tenant to comply with the terms of a residential tenancyagreement.neighboring property means:a. property adjoining or adjacent to the residential premises, orb. property owned by the landlord in the general locality of the residential premises.tenant means:a. the person who has the right to occupy residential premises under a residential tenancyagreement, orb. the person to whom such a right passes by transfer or operation of the law, orc. a sub-tenant of a tenant,d. the estate of the deceased tenante. includes a person who pays rent in return for the right to occupy a rental unit and includesthe tenant’s heir’s assigns and personal representatives, but “tenant” does not include aperson who has the right to occupy a rental unit by virtue of being;i. A co-owner of the residential complex in which the rentalii. unit is located, oriii. a shareholder of a corporation that owns the residentialiv. complex.record includes any book, account, document, paper and other source of information compiled,recorded or stored in written form, or on microfilm, or by electronic process, or in any othermanner or by any other means.rent means an amount payable by a tenant under a residential tenancy agreement for the right tooccupy premises for a period of the agreement.residential premises means any premises or part of premises (including any land occupied withthe premises) used or intended to be used as a residence.
residential tenancy agreement is an agreement under which a person grants to another personor corporation or entity for value a right of occupation of residential premises for the purpose of useas a residence.tenancy means the right to occupy residential premises under a residential tenancy agreement.termination notice means a notice terminating a residential tenancy agreement.termination order means an order terminating a residential tenancy agreement together with anorder for possession of the residential premises.Part 2APPLICATION OF ACTAct cannot be avoided3.1) Landlords and tenants may not avoid or contract out of this Act or the Regulations.2) Any attempt to avoid or contract out of this Act or the regulations is of no effect.Act to bind Crown4.This Act binds the Crown State in right of Republic of Fiji Islands and, in so far as the legislativepower of the Parliament of the Republic of Fiji Islands permits, the Crown State in all its othercapacities.Premises to which Act does not apply5.This Act does not apply in respect of the following premises:1)2)3)4)5)6)buildings or parts of buildings or service apartments used to provide self-contained touristand visitor accommodation that are regularly cleaned by or on behalf of the owner ormanager,premises used as a hotel or motel or backpackers hostela hospital or nursing home or accommodation by an educational institution or Universityany part of a club used for the provision of temporary accommodation,premises used for residential purposes, if the predominant use of the premises is for thepurposes of a trade, profession, business or agriculturepremises used to provide residential care or respite care or social service funded ormaintained by the Government of the Republic of Fiji Islands.
Agreements to which Act does not apply6.This Act does not apply to the following agreements:1)2)3)4)5)an agreement under which a person resides in refuge or crisis accommodation of a kindprescribed by the regulations,an agreement that arises under a term of a mortgage and confers a right to occupyresidential premises on a party to the mortgage,an agreement made for the purpose of giving a person the right to occupy residentialpremises for a period of not more than 3 months for the purpose of a holiday,an agreement that arises under a company title scheme under which a group of adjoining oradjacent premises is owned or leased by a corporation each of whose shareholders has, byvirtue of his or her shares, an exclusive right to occupy one or more of the residentialpremises,leases and licenses issued by the I-Taukei Land Trust Board or the Crown Lands ActEmployee and caretaker arrangements7.1)2)An agreement or arrangement under which a person is given the right to occupy premisesfor the purpose of a residence in return for, or as part of remuneration for, carrying outwork in connection with the premises or the person’s employment is taken to be aresidential tenancy agreement.This section applies even if the premises are part of premises referred to in section 7 orother premises exempted from this Act by the regulations.Application of Act to occupants in shared households8.A person who occupies residential premises that are subject to a written residential tenancyagreement, is not named as a tenant in the agreement and who occupies the premisestogether with a named tenant is a tenant for the purposes of this Act only if:1)2)a tenant under that agreement transfers the tenancy to the person or the person isrecognised as a tenant (see Part 4), orthe person is a sub-tenant of a tenant under a written residential tenancy agreement withthat tenant.PART 3 RESIDENTIAL TENANCY AGREEMENTSForm and Content of Residential Tenancy Agreement
9. The residential tenancy agreement shall be1) In standard form as per the form prescribed by the Regulations Schedule or2) In writing showing terms of the agreement with the minimum requirements as set outhereafter(a) the name of the Landlord(b) the name of tenant(c) the commencement date of the agreement;(d) the amount of rent agreed(e) the Landlord and tenant’s responsibilities(f) Due date for rental payments;(g) Methods of rental payment(h) Length of tenancy;(i) The name and contact details of the landlord’s agent (if any)(j) Tax Identification Number (“TIN”) of the landlord;(k) Termination notice period(l) Any Security deposit or bond payable by the tenant(m) Any conditions that can nullify the status of a party in the tenancy agreementLandlord’s obligation to ensure written residential tenancy agreement10.1)2)3)4)The landlord under a residential tenancy agreement must ensure that the agreement is inwriting at the commencement of the tenancy.This section does not:(a) impose any obligation on a tenant to prepare a written residential tenancy agreement,or(b) affect the enforceability of a residential tenancy agreement that is not in writing or isonly partly in writing.If a landlord fails to comply with this section:(a) the rent under the residential tenancy agreement must not be increased during the first6 months of the tenancy, and(b) the landlord is not entitled to terminate the residential tenancy agreement undersection 85 during the first 6 months of the tenancy.The landlord who does not provide any written agreement commits an offence under thissection.Certain unexecuted residential tenancy agreements enforceable11.
If a residential tenancy agreement has been signed by a tenant and given to the landlordor a person on the landlord’s behalf and has not been signed by the landlord:(a) acceptance of rent by or on behalf of the landlord without reservation, or(b) any other act of part performance of the agreement by or on behalf of the landlord,gives to the document the same effect it would have if it had been signed by thelandlord on the first day in respect of which rent was accepted or on the day on whichsuch an act was first performed.Prohibited terms12. –1) A residential tenancy letting agreement must not contain a term of a kind set out in thissection or as prescribed by the regulations for the purpose of this section.2) A residential tenancy agreement must not contain (unfair and landlord-biased) onerousterms and conditions.3) Terms having the following effects must not be included in a
59. Notice of sale of residential premises by landlord 60. Recognition of certain persons as tenants 61. Death of co-tenant Part 8 Termination of Residential Tenancy Agreements Division 1 -General 62. Circumstances of termination of residential tenancies 63. Termination notices 64. Termination Orders 65. Withdrawal of termination notices 66.
A.R.S. Title 33, Chapter 10 and Other Pertinent Statutes Arizona Residential Landlord and Tenant Act Title 33. Property, Chapter 10. Residential Landlord and Tenant Act Page 3 Article 1. General Provisions Page 4 Article 2. Landlord Obligations Page 13 Article 3. Tenant Obligations Page 17 Article 4. Remedies Page 18 Article 5.
residential landlord-tenant code with related statutes, including chapter 666, Hawaii Revised Statutes. Chapter 666, entitled "Landlord and Tenant", has its statutory roots in the Civil Code of 1859. Until the enactment of chapter 521 in 1972, all landlord-tenant matters were regulated by chapter 666. Since
Landlord increases rent, decreases services, or threatens to bring/actually brings eviction action for these specific reasons: 1. Tenant complained to government agency about code violation 2. Tenant complained to landlord that landlord violated their legal duties 3. Tenant organized with other tenants to negotiate/deal
The Landlord and Tenant Act: what it means to you When a landlord and tenant get along well, things are better all around. Dealing with unhappy tenants is a lot of trouble for a landlord, and few tenants want the inconvenience and expense of moving simply because they cannot get along with their landlords.
THIS SINGLE TENANT LEASE AGREEMENT dated the day of (month) 201 , is made and executed by and between (LANDLORD), whose address is 1350 Orange Avenue, Suite 100, Winter Park, Florida 32789, hereinafter called Landlord, and (TENANT), whose address is, hereinafter called Tenant. (Whenever used herein the terms "Landlord" and "Tenant" include all .
the landlord or that was paid to the landlord under this section and the landlord later receives from the qualifi ed tenant or on the tenant’s behalf, within the period requested Oregon Passes 150 Million Landlord Compensation Fund renTal HouSIng Journal Portland rents have declined 0.9 percent over the past month, and have decreased
Arizona Residential Landlord & Tenant Act (ARS) Article 4, §33-1323 states that at the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and ARS §33- 1362. If the landlord fails to deliver possession to the tenant upon at least five (5) day's
required). If the landlord does intend to make a claim on the security deposit, the landlord has 30 days to give the tenant written notice of the landlord’s intent and reason for imposing the claim. The notice must be given by certified mail to the tenant’s last known address and must be
