RESIDENTIAL TENANCIES ACT 1995 - SECT 77
RESIDENTIAL TENANCIES ACT 1995 - SECT 77
77—Accelerated rent and liquidated damages
(1) If a
residential tenancy agreement provides that, upon breach by the tenant of a
term about rent or other term of the agreement, the tenant is liable to
pay—
(a) all
or any part of the rent remaining payable under the agreement; or
(b) rent
of an increased amount; or
(c) an
amount by way of penalty; or
(d) an
amount by way of liquidated damages,
the provision is void.
(2) If a
residential tenancy agreement provides that, on early or punctual payment of
rent, the rent will or may be decreased or the tenant will or may be granted
or paid a rebate, refund or other benefit, the tenant is entitled to the
reduction, rebate, refund or other benefit in any event.
(3) If a
residential tenancy agreement contains a provision to which this section
applies, the landlord is guilty of an offence.
Maximum penalty: $35 000.
Expiation fee: $2 000.