RESIDENTIAL TENANCIES ACT 1995 - SECT 54

RESIDENTIAL TENANCIES ACT 1995 - SECT 54

54—Rent in advance

        (1)         A person must not require ¹ the payment of more than two weeks' rent under a residential tenancy agreement before the end of the first two weeks of the tenancy.

Maximum penalty: $25 000.

Expiation fee: $1 200.

        (2)         If rent has been paid under a residential tenancy agreement, a person must not require ¹ a further payment of rent until the end of the last period for which rent has been paid.

Maximum penalty: $25 000.

Expiation fee: $1 200.

        (3)         A person must not require another to give a post-dated cheque or other post-dated negotiable instrument in payment of rent under a residential tenancy agreement.

Maximum penalty: $25 000.

Expiation fee: $1 200.

Note—

1         The prohibition is against requiring payment of rent for more than two weeks in advance. Hence, if a tenant voluntarily elects to pay rent for more than two weeks in advance, the landlord (or the landlord's agent) may lawfully accept the payment.