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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.