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QLD Legal to Rent Out Room if I'm on a Lease?

Discussion in 'Property Law Forum' started by Casey, 13 October 2014.

  1. Casey

    Casey Member

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    Hi,
    I'm on a lease and i have an extra bedroom in the house. I am thinking of renting out the extra room for people looking for a cheaper option than hotels (like Airbnb), while i am staying in the house of course. I only plan to accept guests to stay for a night or maximum of one week at a time. I love my peace and quiet, so it's not something i plan to do all the time. I only need it now and then to help out with bills as i am on a pension. If i do this, will it be considered subletting? I want to know if it's legal or not. Thank you.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Casey,

    Yes, technically this is considered subletting as you are leasing a leased property (i.e. which you do not own) to a third party. Legally speaking, whether this is possible or not will depend on what it says in your lease agreement. Have a look at that and see what it says about sub-letting. Also, have a look at the Residential Tenancies and Rooming Accommodation Act 2008 (Qld).

    However, whether it is practical to rent your room out for a week is another matter. Airbnb and similar sites like this is still a grey area (although, note that airbnb, in their terms and conditions, does make you warrant that you are the owner of the property or authorised to lease it out).
     
  3. Sophea

    Sophea Well-Known Member

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    Dear Casey,

    The Queensland RTA recognises sub-letting as being – "where one or more occupants are named on a tenancy agreement and those tenants then establish a sub-tenancy agreement with other occupants (either verbally or in writing) for the right to occupy part or all of the home."

    Clause 34 of the RTA General Tenancy Agreement, which I assume you have signed if you are in Qld, provides that you simply need to have the lessor's consent in order to sublet your property and that that consent must not be unreasonably withheld. Check out your lease agreement.
     
  4. Casey

    Casey Member

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    Thank you, Sarah J. Thank you, Sophea. I appreciate your help!
     

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