租房
 
到达澳大利亚后首先要安顿下来,就是说要有一个住处,在澳大利亚租房与在中国租房有很大差别,下面摘录了《澳大利亚房屋租赁管理条例》部分章节,供读者参考,相应您读完下面的原文,就会对如何租房时要付多少费用、租金交付、租金上调、水费等有了一个大致了解。

一、预付费用(ENTRY COSTS)

A tenant may be asked to pay the following entry costs when or before signing the tenancy agreement.

1. 保留金(Reservation Fee)

A reservation fee is an amount of money (no more than 1 week's rent) that is sometimes paid to reserve the premises while an application for tenancy is being considered. A reservation fee is a sign of good faith, but does not guarantee that the tenancy will go ahead.

If the landlord or agent decides not to go ahead with the tenancy, on the agreed terms, or makes no decision within 1 week of the fee being paid, the full amount must be refunded. Should the tenancy go ahead the reservation fee is applied to the first week's rent. If the applicant withdraws, the landlord may retain rent for the days the premises were reserved, provided the premises were not let or occupied during this period.

2. 租方押金(Rental Bond)

A rental bond is an amount of money paid by a tenant as a form of security for the landlord against any future breaches of the tenancy agreement. The maximum rental bond that can be asked for is: 4 weeks rent, for unfurnished premises, or 6 weeks rent, for fully furnished premises with a rent of $250 or less per week, or Unlimited, if the rent for fully furnished premises is more than $250 per week.

The amount of bond that is to be paid (if any) must be written on the agreement. This amount cannot be increased during the tenancy, even if the rent increases. The landlord or agent must send any bond paid to the Rental Bond Service within 7 days. A lodgement form is needed to do this and can be obtained from any State Bank branch or from the Rental Bond Service itself.

3. 预付租金(Advance Rent)

A tenant must pay the rent in advance from the first day of the tenancy. The tenant can be required to pay: 2 weeks rent in advance, if the weekly rent is $300 or less, or 1 month rent in advance, if the weekly rent is more than $300. It is important to remember that a tenant cannot be required to pay the rent other than on a weekly or fortnightly basis if the weekly rent is $300 or less.
Advance rent is not money that the landlord can keep in reserve as some form of extra rental bond. A tenant cannot be asked to make any more rent payments until the rent which they last paid has been used. For example; on the day the tenancy commences the tenant may pay 2 weeks' rent and be 14 days in advance. As each day passes the tenant becomes 1 day less in advance, so that when the rent next falls due (a fortnight later) the tenant is no longer in advance with the rent. By making their next fortnightly payment the tenant is again 14 days in advance and the cycle continues.

4. 租方协议工本费(Agreement Costs)

The landlord can ask the tenant to pay half the cost of preparation of the tenancy agreement, but only up to a maximum of $15. This means that if an agent or solicitor charges more than $30 to prepare an agreement the landlord must pay the balance over $15.

Entering into an agreement as a guarantor is illegal. For more information, contact one of the advisory services listed in the back pages of this booklet.

5. 钥匙(Keys)

All tenants listed on the agreement must be given a set of keys, so that they can enter and secure any part of the premises. This includes keys to any door, window, garage, or letterbox locks. Under no circumstances can any tenant be charged a separate fee, bond or deposit for keys.

二、租金(RENT)

1. 租金(Rent)

Rent is the main charge that tenants have to pay on a regular basis. The level of rent should be agreed upon before the tenancy begins, and the figure should be written in the space provided on the tenancy agreement.

2. 租金收据(Rent Receipts)

Receipts must always be given if the rent is paid in person. Receipts for rent must show: The address of the premises; The name of the tenant; The name of the landlord or agent; The amount of rent paid; The date the rent was paid; The period of time which the rent covers.

If rent is posted, a receipt must still be filled out and either sent back to the tenant, or kept until some later time when the tenant wants to collect the receipt. If the rent is paid into a bank account by the tenant, no rent receipt need be filled out or given.

The landlord or agent must keep copies of all rent receipts and a separate rent record for at least 12 months. It is advisable that receipts be kept by both parties until after the end of the tenancy.

3. 如何上调租金(How Can Rent Be the Increased?)

From time to time rent may be increased after the fixed term period of agreement has expired. Before a landlord (other than the Department of Housing) can increase the rent the tenant must first be given at least 60 days notice in writing. The notice must show the amount of the increased rent and the day from which the increased rent is to be paid. This also applies where a new agreement is to be signed. For rent to increase during a fixed term tenancy the agreement must have an added term showing the amount or method of calculating the increase. A 60 days rent increase notice must still be given.

4. 抗辩租金上调(Challenging Rent Increase)

If you think that a proposed rent increase is too high you can:

a. 协商(Negotiate)

Even though the landlord or agent has given notice they may still agree to reduce the amount of the increase or withdraw it altogether. They may be persuaded by evidence of market rents in your area or what you have done to the premises. You should carefully explain the reasons why you believe the increase is too high in a letter to the landlord.

If the condition of the premises is the reason you think the increase is too high you should raise this with the agent or landlord. For instance, they may be prepared to paint the premises in exchange for the rent increasing. It is up to the landlord to consider the costs involved in any such proposal.

If the landlord agrees on a different amount of increase this should be put in writing. It is not necessary to give another 60 days notice. The lower increase becomes due from the same date the original increase was payable.

b. 向房屋租赁法庭起诉(Apply To The Residential Tenancies Tribunal)

Tenants can apply to the Tribunal to have a proposed increase reduced or withdrawn, if they believe that the increase is too high. The only tenants who cannot do this are Department of Housing tenants receiving a rent rebate.

Applications must be made within 30 days of receiving the rent increase notice.

Tenants have to prove that the increase is excessive. The main evidence the Tribunal considers is comparable rents for similar properties in the same area.

Before you apply to the Tribunal you may wish to visit a number of estate agents in your area and gather evidence of the current market rent for properties similar to your own. It is often worthwhile to view the available premises to make sure they are similar (eg size, location, view etc).

三、水费(Water Charges)

1. 水费(Water Charge)

Landlords are responsible to pay all charges for water, issued by the local water supply authority. In some cases a tenant may be asked to pay, to the landlord, the water usage or excess water parts of the bill (see below for details). Under no circumstances can connection or availability costs, or service fees be passed on to the tenant.

2. 水的使用(Water Usage)

A tenant may only be charged for water usage when they have agreed to pay for water usage under the additional terms of the tenancy agreement. If there is no additional term about 'water usage', a tenant cannot be asked to pay any amount. The standard terms about excess water has no effect, as these words do not mean the same as water usage. A tenant can only be charged for the metered amount of water which they use. For this reason it is important that the water meter be read and the figure noted on the premises condition report before the start of each tenancy. Otherwise there will be no way of dividing the first account between the tenant and the former occupant.

If there is no individual meter for the rented premises, as is the case with most blocks of units, a tenant cannot be charged for water usage. If the supply authority has a minimum amount payable for all properties the tenant does not have to pay for water.

A tenant is entitled to a photocopy of the water account and should pay and amount owing before the due date on the bill.

3. 超标水(Excess Water)

Most water supply authorities in NSW no longer charge excess water as it has largely been replaced by the water usage system. Where it is still billed, tenants can be asked to pay.

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