Div 7Resident's obligations in relation to rented property and common areas

Division 7—Resident's obligations in relation to rented property and common areas 36—Resident's responsibility for cleanliness and damage (1) It is a term of a residential park agreement that the resident— (a) must keep the rented property in a reasonable state of cleanliness; and (b) must notify the park owner of damage to the rented property; and (c) must notify the park owner of damage to any common area of the residential park caused by the resident or a person permitted on the rented property or the park by the resident; and (d) must not intentionally or negligently cause or permit damage to the rented property or any common area of the residential park. (2) A resident who intentionally causes serious damage to the rented property or any common area of the residential park is guilty of an offence. (3) The liability to be prosecuted for the offence is in addition to civil liability for a breach of the agreement. (4) It is a term of a residential park agreement that, at the end of the agreement, the resident must give the rented property back to the park owner in reasonable condition and in a reasonable state of cleanliness. (5) In deciding whether property is in reasonable condition, its condition when the resident entered into occupation of it, and the probable effect of reasonable wear and tear since that time, must be taken into account. 37—Residential park tenancy agreement—alteration of rented property It is a term of a residential park tenancy agreement that— (a) a resident must not, without the park owner's written consent— (i) affix a fixture, or make an alteration or addition, to the rented property; or (ii) remove a fixture affixed to the rented property by the resident; and (b) if a resident causes damage to the rented property by removing a fixture, the resident must notify the park owner and, at the option of the park owner, repair the damage or compensate the park owner for the reasonable cost of repairing the damage; and (c) the park owner— (ii) must not make a charge for giving consent or considering an application for consent exceeding the park owner's reasonable expenses; and (d) if the park owner withholds consent to the removal of a fixture affixed to the rented property by the resident with the park owner's written consent, the park owner must, at the request of the resident, compensate the resident without delay for the reasonable value of the fixture. 38—Residential park site agreement—alterations on site It is a term of a residential park site agreement that— (a) a resident must not, without the park owner's written consent, make an alteration or addition to the exterior of the dwelling installed or located on the site, or add any structure to the site; and (b) the park owner— (ii) must not make a charge for giving consent or considering an application for consent exceeding the park owner's reasonable expenses.