VersionNo. 082
Residential Tenancies Act1997
No. 109 of 1997
Version incorporating amendments as at
30 August 2017
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
Division 1—Introductory provisions
1Purposes
2Commencement
3Definitions
4Act binds the Crown
Division 2—Application of Act to tenancy agreements, rooming houses and site agreements
Subdivision 1—Application to tenancy agreements
5Application of Act to assignees and transferees
6Tenancy agreements exceeding 5 years
7Premises used primarily as a residence
8Premises connected to premises used for trade or business
9Principal place of residence
10Premises used for holidays
11Farming and grazing
12Contracts of employment
13Contracts of sale or mortgages
14Prescribed premises and prescribed tenancy agreements
15Certain provisions not to apply to tenancy agreements
Subdivision 2—Application to rooming houses
17Room used by owner or owner's family or employees
18Self-contained apartments
19Minister may declare building to be a rooming house
Subdivision 3—Application to tenancy agreementsand rooming houses
20Hotels and motels
21Educational institutions
22Temporary crisis accommodation
23Health or residential services
Subdivision 4—Application to site agreements
23AApplication of Act to assignees and transferees
23BSite agreements exceeding 5 years
23CPart 4A site used under contract of employment
23DPart 4A site used primarily as a residence
23EPart 4A site used for holidays
23FPrescribed Part 4A sites and prescribed site agreements
23GCertain provisions not to apply to site agreements
Division 3—Exemptions by Tribunal
24Application for exemption
25Order of Tribunal
Part 2—Residential tenancies—tenancyagreements
Division 1—General requirements for tenancyagreements
26Tenancy agreements to be in standard form
27Invalid terms
28Harsh and unconscionable terms
29Copy of agreement to be made available to tenant
30Tenants with children
Division 2—Bonds
31What is the maximum bond?
32Application to increase maximum amount of bond
33Tribunal may determine maximum bond
34Not more than 1 bond is payable in respect of continuous occupation
35Condition report
36Condition report is evidence of state of repair
37Certain guarantees prohibited
38Maximum amount of certain guarantees
Division 3—Rents
39Accrual of rent
40Limit on rent in advance
41Rent in advance under weekly tenancy agreement
42Where and how is rent to be paid?
43Receipts for rent
44How much notice of rent increase is required?
45Tenant may complain to Director about excessive rent
46Application to Tribunal about excessive rent
47What can the Tribunal order?
48Tribunal can order refund of rent
49Tenant's goods not to be taken for rent
Division 4—Other charges
50Application and holding deposits
51Certain charges prohibited
52Tenant's liability for various utility charges
53Landlord's liability for various utility charges
54Landlord's liability for charges for supply to noncomplying appliances
55Reimbursement
56Landlord must not seek overpayment for utility charge
57Director of Housing may impose service charge
58Indemnity for taxes and rates
Division 5—General duties of tenants and landlords
59Tenant must not use premises for illegal purpose
60Tenant must not cause nuisance or interference
61Tenant must avoid damage to premises or common areas
62Tenant must give notice of damage
63Tenant must keep rented premises clean
64Tenant must not install fixtures etc. without consent
65Landlord's duty in relation to provision of premises
66Landlord must give tenant certain information
67Quiet enjoyment
68Landlord's duty to maintain premises
69Landlord must ensure rating compliance for replacement water appliances
70Locks
70ALocks for rented premises the subject of an intervention order
71Application to Tribunal to change locks without consent
Division 6—Repairs and maintenance
72Urgent repairs
73Application to Tribunal for urgent repairs
74Application to Director to investigate need for nonurgent repairs
75Application to Tribunal for non-urgent repairs
76What can the Tribunal order?
77Payment of rent into Rent Special Account
78Landlord may give tenant repair notice
79Landlord may do repairs and tenant liable for costs
80Declaration under Housing Act 1983 that house unfit for habitation
Division 7—Assignment and sub-letting
81Assignment and sub-letting by a tenant
82Tenant may apply to Tribunal
83Director of Housing may withhold consent in certain circumstances
84Landlord cannot ask for fee for giving consent
Division 8—Rights of entry
85Entry of rented premises
86Grounds for entry of rented premises
87Manner of entry
88What must be in a notice of entry?
89Tenant has duty to permit entry
90What if damage is caused during entry?
91What if a person exercising right of entry fails to comply with Division?
91AOffence relating to entering rented premises
Part 3—Rooming houses—Residency rightsand duties
Division 1—Residency rights
92Residency right
92AExclusive occupancy right
92BShared room right
92CNotice to resident of residency right
93Rights cannot be assigned
94Power to enter tenancy agreements or other agreements
94AHarsh and unconscionable terms
Division 1A—Shared room rights
94BConsent required for increase in room capacity
94CNotice of increase in room capacity
94DConsent of resident to increased room capacity
Division 2—Bonds
95Payment of bond
96What is the maximum bond?
97Condition report
98Condition report is evidence of state of repair
Division 3—Rent
99Limit on rent in advance
100Receipts for rent
101How much notice of rent increase is required?
102Resident may complain to Director about excessive rent
102ADirector may investigate rent without application by resident
103Application to Tribunal about excessive rent
104What can the Tribunal order?
105Payment of increased rent pending Tribunal decision
106Rent must be reduced if services are reduced
106ARent must be reduced if room capacity increased
107Resident's goods not to be taken for rent
Division 4—Other charges
108Separately metered rooms
109Schedule of services provided to be given to resident
109ADirector of Housing may impose service charge on resident
Division 5—General duties of residents and rooming house owners
110Resident's use of room
111Resident must not use room for illegal purposes
112Resident's duty to pay rent
113Quiet enjoyment—resident's duty
114Resident must keep room in clean condition
115Resident must not install fixtures without consent
116Resident must notify owner of and compensate for damage
117Resident must not keep pet without consent
118Resident must give key to owner
119Resident must observe house rules
120Rooming house owner must keep room and house in good repair
120ARooming house owner must comply with rooming house standards
121Rooming house owner must provide access
122Quiet enjoyment—rooming house owner's duty
123Security
124Display of statement of rights and house rules
125Owner to give additional information
126House rules
127Duties relating to house rules
128What if house rules are thought to be unreasonable?
Division 6—Repairs
129Urgent repairs
130Application to Tribunal for urgent repairs
131Application to Director to investigate need for nonurgent repairs
131ADirector may investigate rooming house without application by resident
132Application to Tribunal for non-urgent repairs
133What can the Tribunal order?
134Payment of rent into Rent Special Account
135Repair provisions not applicable to certain damage
Division 7—Rights of entry
136Access to room
137Grounds for entry of a room
138Manner of entry
139What must be in a notice of entry?
140Resident has duty to permit entry
141What if damage is caused during entry?
142What if a person exercising right of entry fails to comply with Division?
142AOffence relating to entering room occupied by resident
Division 8—Standards
142BStandards for rooming houses etc.
142BARecords of gas and electrical safety checks
142CRegulations for rooming houses
Division 9—Rooming House Register
142DUnregistered rooming house
142EEstablishment of Rooming House Register
142FInformation to be included in Rooming House Register
142GCompilation of information for inclusion in Rooming House Register
142HForm of Rooming House Register
142IRooming House Register—Access and amendment
142JInspection of Rooming House Register
142KRestriction on access to personal information
142LRights of review
Part 4—Caravan parks and movable dwellings—Residency rights and duties
Division 1AA—Application of Part
143AAApplication of Part to caravan parks and movable dwellings
Division 1—Residency rights
143Residency right
144Agreements
144AHarsh and unconscionable terms
145Caravan park owner to notify prospective resident of rights
Division 2—Bonds
146Payment of bond
147What is the maximum bond?
148Condition report
149Condition report is evidence of state of repair
Division 3—Rents and hiring charges
150Limit on rent or hiring charge in advance
151Receipts for rent or hiring charge
152How much notice is required of rent or hiring charge increase?
153Resident may complain to Director about excessive rent or hiringcharge
154Application to Tribunal about excessive rent or hiring charge
155What can the Tribunal order?
156Payment of increased rent or hiring charge pending Tribunal decision
157Additional rent
158Additional hiring charge
159Rent must be reduced if services are reduced
160Resident's goods not to be taken for rent or hiring charges
Division 4—Other charges
161Fee for supply of key
162Resident's liability for electricity, gas and water charges
163Caravan park owner's liability for electricity, gas and water charges
164Owner's responsibility for charges for supply to non-complying appliances
165Reimbursement
166Owner must not seek overpayment for utility charges
Division 5—General duties of residents, caravan park owners and caravan owners
167Resident's use of site
168Resident must not use site for illegal purposes
169Resident's duty to pay rent and hiring charge
170Quiet enjoyment—resident's duty
171Resident must keep site clean
172Resident must not erect structures
173Resident must notify owner of and compensate for damage
174Number of persons residing on site
175Resident must observe caravan park rules
176Caravan park owner must provide access
177Quiet enjoyment—caravan park owner's duty
178Caravan park owner must keep park etc. clean
179Duty of caravan park owner to maintain communal areas
180Maintenance and repair of caravans
181Owner must ensure water efficient appliances installed
182Statement of rights and copy of park rules
183Statement of scale of certain charges, fees and commissions
184Owner to give additional information
185Caravan park rules
186Duties relating to caravan park rules
187What if the caravan park rules are thought to be unreasonable?
Division 6—Repairs
188Urgent repairs to caravans
189Application to Tribunal for urgent repairs
190Application to Director to investigate need for non-urgent repairs
191Application to Tribunal for non-urgent repairs
192What can the Tribunal order?
193Payment of hiring charge into Rent Special Account
194Repair provisions not applicable to certain damage
Division 7—Transfer of rights and sale of caravans and movable dwellings
195Transfer of residency right
196What if the caravan park owner unreasonably withholds consentto transfer?
197Owner must not charge fee for transfer of resident's rights
198Sale of caravan
Division 8—Rights of entry
199Entry of caravan by caravan park owner
200Entry of caravan by caravan owner
201Grounds for entry of caravan or site
202Manner of entry
203What must be in a notice of entry?
204Resident has duty to permit entry
205What if damage is caused during entry?
206What if a person exercising right of entry fails to comply with Division?
206AOffence relating to entering a site or caravan occupied by aresident
Part 4A—Site agreements and site–tenant owned dwellings
Division 1—General requirements for site agreements
206BRightsof site tenants
206CPart 4A dwelling not a fixture
206DCrown land
206ESite agreements to be in writing
206FTerms of site agreement
206GHarsh and unconscionable terms
206HMinimum terms for site agreements in new parks
206ISite agreement consideration period
206JCooling off period
206JACooling off period—Part 4A dwelling purchase agreement
Division 2—Bonds
206KWhat is the maximum bond?
206LApplication to increase maximum amount of bond
206MTribunal may determine maximum bond
206NNot more than one bond is payable in respect of continuous occupation
206OCondition report
206PCondition report is evidence of state of repair
206QCertain guarantees prohibited
206RMaximum amount of certain guarantees
Division 3—Rents and other charges
206SRent, fees and charges under site agreements
206TLimit on rent in advance
206UReceipts for rent
206VHow much notice is required of rent increase?
206WSite tenant may complain to Director about excessive rent
206XApplication to Tribunal about excessive rent
206YWhat can the Tribunal order?
206ZPayment of increased rent pending Tribunal decision
206ZAAdditional charge
206ZBRent must be reduced if services are reduced
206ZCSite tenant's goods not to be taken for rent
Division 4—Other charges
206ZDFee for supply of key
206ZESite tenant's liability for electricity, gas and water charges
206ZFSite owner's liability for electricity, gas and water charges
206ZGReimbursement
206ZHSite owner must not seek overpayment for utility charges
Division 5—General duties of site tenants
206ZISite tenant's use of site
206ZJSite tenant must not use site for illegal purpose
206ZKSite tenant's duty to pay rent
206ZLQuiet enjoyment—site tenant's duty
206ZMSite tenant must keep site clean
206ZNSite tenant must not erect structures
206ZOSite tenant must notify site owner of and compensate for damage
206ZPNumber of persons residing on Part 4A site
206ZQSite tenant must observe Part 4A park rules
Division 6—General duties of site owners
206ZRSite owner must give tenant certain information
206ZSPart 4A site plans
206ZTSite owner must provide access
206ZUQuiet enjoyment—site owner's duty
206ZVSite owner must keep Part 4A park clean
206ZWDuty of site owner to maintain communal areas
206ZXSite owner to give additional information
Division 7—Part 4A park rules
206ZYSite owner may make Part 4A park rules
206ZZAmendment of Part 4A park rules
206ZZAWhat if the Part 4A park rules are thought to be unreasonable?
Division 8—Site tenants' committees
206ZZBParticipation in site tenants' committee
206ZZCSite owner's duties to site tenants' committees
Division 9—Assignment and sub-letting
206ZZDAssignment by a site tenant
206ZZESub-letting by a site tenant
206ZZFSite tenant may apply to Tribunal
206ZZGSite owner cannot ask for fee for giving consent
206ZZHSale of Part 4A dwelling
Division 10—Rights of entry
206ZZIEntry of Part 4A site and Part 4A dwelling by site owner
206ZZJGrounds for entry of Part 4A site
206ZZKManner of entry
206ZZLWhat must be in a notice of entry?
206ZZMSite tenant has duty to permit entry
206ZZNWhat if damage is caused during entry?
206ZZOWhat if a person exercising right of entry fails to comply with Division?
206ZZPOffence relating to entering a site occupied by a site tenant
Part 5—Compensation and compliance
207Definitions
208Breach of duty notice
209Application for compensation or compliance order for breach of duty
209ATribunal must hear application urgently
210Application to Tribunal for compensation order on other grounds
210AApplication to Tribunal by resident for compensation
210BApplication to Tribunal by site tenant or site owner for compensation
211Matters which may be considered by Tribunal
212Orders of Tribunal
213Compensation for unpaid rent
213AACompensation for unpaid rent under site agreement
213AApplication for payment of rent arrears or hiring charge arrears from bond
213BApplication to Tribunal for loss or damage
214Can a person recover compensation under this Part as well as from a bond?
214ACompensation for loss of rent under terminated site agreement
215What powers does a court have to award compensation?
Part 6—Termination
Division 1—Termination of residential tenancies
Subdivision 1—When can a tenancy agreement beterminated?
216Termination of tenancy agreement
217Termination by agreement
218Termination by consent
219Termination after notice to vacate
220Termination by abandonment
221Termination where premises are sub-let
222Termination where landlord not owner of premises
223Termination by mortgagee
224Termination by merger
225Termination by disclaimer
226Termination by tenant before possession
227Termination by landlord before possession
228Termination after death of sole tenant
228ATenancy agreement—cancellation of licence or failure to renew licence
229Offence to obtain possession etc. of premises
Subdivision 2—Variations or creations of tenancy
230Creation of periodic tenancy
231New tenancy created where head tenancy terminated
232Application to Tribunal for creation of tenancy agreement
233Order of Tribunal
233AApplication for new tenancy agreement because of final family violence intervention order
233BTribunal orders for application made under section233A(3)
233CTribunal may determine parties' liability under terminated tenancy agreement
233DCross-examination in proceedings for a new tenancy agreement
234Reduction of fixed term tenancy agreement
Subdivision 3—Notice or abandonment by tenant
235Notice of intention to vacate
236Notice to have no effect in certain circumstances
237Reduced period of notice of intention to vacate in certain circumstances
238Premises destroyed or unfit for habitation
239Failure of landlord to comply with Tribunal order
240Successive breaches by landlord
241Order of Tribunal that premises are abandoned
242Abandoned premises and rent in advance
Subdivision 4—Notice by landlord, ownerormortgagee
243Damage
244Danger
245Condition of premises
246Non-payment of rent
247Failure to pay bond
248Failure to comply with Tribunal order
249Successive breaches by tenant
250Use of premises for illegal purpose
250ADrug-related conduct in public housing
250BPrescribed indictable offences in public housing
251Permitting child to reside in premises
252False statement to housing authority
253Assignment or sub-letting without consent
254Landlord's principal place of residence (fixed term tenancy)
255Repairs
256Demolition
257Premises to be used for business
258Premises to be occupied by landlord or landlord's family
259Premises to be sold
260Premises required for public purposes
261End of fixed term tenancy
262Tenant no longer meets eligibility criteria
262ATenant in transitional housing refuses alternative accommodation
263Notice to vacate for no specified reason
264Prohibition on letting premises after notice
265Effect of excessive rent order on notice to vacate
266Notice to have no effect in certain circumstances
267Notice by owner
268Notice by mortgagee
268ANotice to vacate given by Tribunal order under Rooming House Operators Act2016
268BNotice to vacate—refusal of licence under Rooming House Operators Act 2016
Division 2—Termination of residency rights in rooming houses
Subdivision 1—When does a residency right end?
269Termination after notice
270Termination by Tribunal
271Termination by abandonment
272Termination if room or rooming house destroyed
272AResidency rights—cancellation of licence or failure to renew licence
273Offences relating to interference with rights
Subdivision 2—Notice or abandonment by resident
274Notice of intention to vacate room
275Rent payable on termination without notice
276Rent payable if room vacated early
277Order of abandonment
Subdivision 3—Notice by rooming house owner or rooming house mortgagee
278Damage
279Danger
280Disruption
281Non-payment of rent
282Failure of resident to comply with Tribunal order
283Successive breaches by resident
284Use of room for illegal purpose
285Sale of rooming house
286Repairs or demolition
287Prohibition on renting after notice
287AResident in transitional housing refuses alternative accommodation
288Notice for no specified reason
289Notice of no effect
289ANotice by owner of building or other person who is not rooming house owner
290Notice by rooming house mortgagee
290ANotice to vacate given by Tribunal order under Rooming House Operators Act2016
290BNotice to vacate—refusal of licence under Rooming House Operators Act 2016
Division 3—Termination of residency rightsincaravan parks
Subdivision 1—When does a residency right end?
291Termination after notice
292Termination by agreement
293Termination on execution of warrant
294Termination by abandonment
295Offences relating to interference with rights
Subdivision 2—Notice or abandonment by resident
296Notice of intention to vacate site or caravan
297Notice if caravan destroyed or unfit for habitation
298Rent or hiring charge payable on termination without notice
299Rent or hiring charge payable if site or caravan vacated early
300Abandonment of site or caravan
301Order of abandonment
Subdivision 3—Notice by caravan park owner, caravan owner or caravan mortgagee
302Damage
303Danger
304Disruption
305Non-payment of rent
306Non-payment of hiring charges
307Failure of resident to comply with Tribunal order
308Successive breaches by resident
309Use of site or caravan for illegal purpose
310Sale of caravan
311Change of use
312Occupation by caravan owner
313Prohibition on hiring of caravans or renting of sites after notice
314Notice for no specified reason
315Notice of no effect
316Notice by caravan park mortgagee
317Notice by caravan mortgagee
Division 3A—Termination of site agreements in Part 4A parks
Subdivision 1—When can a site agreement be terminated?
317ATermination of site agreement
317BTermination by agreement
317CTermination by consent
317DTermination after notice to vacate
317ETermination by abandonment
317FTermination if Part 4A site is sub-let
317GTermination if site owner not owner of site
317HTermination by merger
317ITermination by disclaimer
317JTermination by site tenant before occupation or use
317KOffences relating to interference with rights
Subdivision 2—Variations or creations ofsiteagreement
317LCreation of periodic site agreement
317MApplication for new site agreement because of final family violence intervention order
317NTribunal orders for application made under section317M
317OTribunal may determine parties' liability under terminated site agreement
317PCross-examination in proceedings for a new site agreement
317QReduction of fixed term site agreement
Subdivision 3—Notice of intention to vacate or abandonment by site tenant
317RNotice of intention to vacate
317SNotice to have no effect in certain circumstances
317TReduced period of notice of intention to vacate in certain circumstances
317UFailure of site owner to comply with Tribunal order
317VSuccessive breaches by site owner
317WOrder of abandonment
Subdivision 4—Notice by site owner or mortgagee
317XDamage
317YDanger
317ZDisruption
317ZAFailure to comply with Tribunal order
317ZBSuccessive breaches by site tenant
317ZCUse of Part 4A site for illegal purpose
317ZDAssignment or sub-letting without consent
317ZENotice by land owner
317ZFNotice under fixed term site agreement
317ZGNotice under periodic site agreement