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Month To Month Lease Agreement for Australia

Month To Month Lease Agreement Template for Australia

A Month to Month Lease Agreement is a legally binding document used in Australia that establishes a flexible residential tenancy arrangement between a landlord and tenant. The agreement operates on a rolling monthly basis, providing both parties with greater flexibility compared to fixed-term leases. It must comply with Australian residential tenancy laws and regulations, including state-specific requirements, and covers essential aspects such as rent payment, maintenance responsibilities, notice periods, and termination conditions. The document provides protection for both landlord and tenant while maintaining the flexibility of a short-term arrangement.

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What is a Month To Month Lease Agreement?

The Month to Month Lease Agreement is designed for use in the Australian residential property market where flexibility in tenancy duration is desired by either or both parties. This type of agreement is particularly useful for situations where either the landlord or tenant cannot commit to a fixed-term lease, or where there's a need for greater flexibility in termination arrangements. The agreement includes all essential elements required under Australian tenancy laws, including rent specifications, maintenance obligations, bond requirements, and notice periods for termination. It's commonly used in transitional housing situations, during property sale periods, or when testing new landlord-tenant relationships. The document must comply with relevant state and territory residential tenancy legislation while providing clear terms for both parties regarding their rights and obligations.

What sections should be included in a Month To Month Lease Agreement?

1. Parties: Identification of the landlord/lessor and tenant/lessee with full legal names and contact details

2. Background: Brief context explaining the purpose of the agreement and property ownership

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Specific description of the rental property including address and any inclusions/exclusions

5. Term of Tenancy: Specification of the month-to-month nature of the agreement, start date, and notice requirements

6. Rent and Payment Terms: Rental amount, payment frequency, method of payment, and due dates

7. Bond: Bond amount, payment terms, and conditions for return

8. Utilities and Outgoings: Responsibility for utilities, services, and other property-related expenses

9. Maintenance and Repairs: Responsibilities of both parties regarding property maintenance and repair procedures

10. Tenant Obligations: General obligations and responsibilities of the tenant

11. Landlord Obligations: General obligations and responsibilities of the landlord

12. Access and Inspection: Terms for landlord access and property inspections

13. Insurance: Insurance requirements for both parties

14. Termination: Conditions and procedures for terminating the agreement

15. Execution: Signing provisions and attestation

What sections are optional to include in a Month To Month Lease Agreement?

1. Pets: Terms and conditions for keeping pets on the property, required if pets are allowed

2. Swimming Pool/Spa: Specific obligations regarding pool maintenance and safety, required for properties with these features

3. Body Corporate Rules: Reference to and incorporation of body corporate rules, required for properties in strata schemes

4. Special Conditions: Any unique terms specific to the property or tenancy arrangement

5. Subletting and Assignment: Terms regarding subletting or assignment rights, if permitted

6. Garden and Grounds: Specific obligations for maintenance of gardens and outdoor areas, relevant for properties with significant outdoor spaces

7. Parking: Terms regarding parking arrangements, required if dedicated parking is included

What schedules should be included in a Month To Month Lease Agreement?

1. Schedule 1 - Property Condition Report: Detailed report documenting the condition of the property at the start of the tenancy

2. Schedule 2 - Property Inventory: List of all furnishings and items included with the property

3. Schedule 3 - Special Conditions: Detailed list of any special conditions or specific terms

4. Schedule 4 - Body Corporate Rules: Copy of applicable body corporate rules if property is in a strata scheme

5. Appendix A - Emergency Procedures: Emergency contact information and procedures

6. Appendix B - Maintenance Request Procedures: Detailed procedures for requesting and handling maintenance issues

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions



























Clauses























Relevant Industries

Real Estate

Property Management

Residential Housing

Property Investment

Legal Services

Property Development

Housing Services

Relevant Teams

Legal

Property Management

Real Estate Operations

Compliance

Residential Leasing

Housing Services

Property Administration

Contract Administration

Risk Management

Document Control

Relevant Roles

Property Manager

Real Estate Agent

Leasing Consultant

Property Owner

Legal Counsel

Tenancy Manager

Housing Officer

Property Administrator

Compliance Officer

Real Estate Portfolio Manager

Residential Leasing Manager

Property Services Coordinator

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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