Drafting Tasmanian Lease Agreements: Rules and Prohibitions

Unlike some Australian states that force landlords to use a single, government-published standard lease form, Tasmania allows for greater flexibility. However, all residential leases, whether written or verbal, are absolutely subordinate to the Residential Tenancy Act 1997 (RTA).

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult Consumer, Building and Occupational Services (CBOS) or a legal professional for advice specific to your situation. Information last verified: March 2026.

Written vs. Verbal Leases

Under Tasmanian law, a lease agreement does not technically have to be in writing. A verbal agreement to pay $400 a week for a room is a legally binding residential tenancy governed by the RTA.

However, operating a rental property on an oral lease is reckless. Without a written agreement, enforcing specific "house rules," claiming bond money for damages, or proving the agreed-upon lease term is extremely difficult in the Magistrates Court.

Key Lease Components

If you draft a written lease, it must clearly articulate:

• The names and contact details of the owner/agent and the tenant.
• The address of the rented premises.
• The amount of rent to be paid, the frequency of payment, and the specific method of payment.
• The amount of the rental bond (capped at 4 weeks' rent).
• The term of the agreement (the start and end date for a fixed-term lease).

Fixed-Term vs. Non-Fixed Term (Periodic)

1. Fixed-term agreement: The tenant agrees to rent the property for a specified period (e.g., 6 months, 12 months). The landlord cannot end the lease early unless the tenant breaches the agreement.
2. Non-Fixed Term (Periodic) agreement: A lease with a start date but no end date, or a fixed-term lease that has expired but the tenant remains in the property paying rent. Note: A landlord must give 42 days' notice to end a periodic lease, and must have specific, legally prescribed reasons to do so.

Permissible "Special Clauses"

While you cannot contract out of the RTA, Tasmanian landlords are permitted to write custom "Special Clauses" into the lease, provided they are reasonable and legal.

Common allowable clauses include:

• Pet Restrictions: While you cannot charge a separate "pet bond," you can insert a clause requiring the tenant to gain written permission before introducing a pet, or stipulating the tenant must have the carpets professionally cleaned at the end of the tenancy if a pet lived inside.
• Subletting Prohibitions: A clause prohibiting the tenant from actively subleasing the property or using the premises to run an Airbnb without the owner's written consent.
• Smoking Bans: Explicitly restricting smoking or vaping inside the dwelling unit.

Prohibited Special Clauses

A special clause is invalid and legally void if it directly violates the RTA. Including these clauses can open you up to fines or tribunal action. You cannot include a clause that:

• Attempts to charge the tenant a penalty "late fee" or interest for overdue rent.
• Forces the tenant to pay for general wear and tear maintenance (like replacing an aging oven).
• Demands the tenant pay a rental bond exceeding four weeks' rent.
• Requires the tenant to waive their right to statutory entry notice periods for inspections.

Executing the Digital Lease

Tracking signatures on 30-page paper lease packets and ensuring the tenant simultaneously receives the mandatory CBOS Rental Guide PDF creates a major administrative burden. Landager dynamically generates comprehensive, RTA-compliant Tasmanian lease agreements, seamlessly injecting your custom special clauses into a trackable digital signing packet that guarantees state compliance before the tenant ever receives the keys.

Back to Tasmania Landlord-Tenant Laws Overview.