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Residential Tenancies Act 2010
19Prohibited terms
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#### 19 Prohibited terms
19 Prohibited terms
> > (1) A residential tenancy agreement must not contain a term of a kind set out in this section or prescribed by the regulations for the purposes of this section.
>
> > (2) Terms having the following effects must not be included in a residential tenancy agreement—
> >
> > > (a) that the tenant must, at the end of the tenancy—
> > >
> > > > (i) have the carpet professionally cleaned or pay for the carpet to be professionally cleaned, or
> > >
> > > > (ii) have the premises, or part of the premises, professionally fumigated or pay for the premises, or part of the premises, to be professionally fumigated,
> >
> > > (b) that the tenant must take out a specified, or any, form of insurance,
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> > > (c) exempting the landlord from liability for any act or omission by the landlord, the landlord’s agent or any person acting on behalf of the landlord or landlord’s agent,
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> > > (d) that, if the tenant breaches the agreement, the tenant is liable to pay all or any part of the remaining rent under the agreement, increased rent, a penalty or liquidated damages,
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> > > (e) that, if the tenant does not breach the agreement, the rent is or may be reduced or the tenant is to be or may be paid a rebate of rent or other benefit,
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> > > (f) that the tenant must use the services of a specified person or business to carry out any of the tenant’s obligations under the agreement.
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> > Note.
> >
> > Section 15 also prohibits certain additional terms from being included in a residential tenancy agreement for which a standard form is prescribed.
>
> > (3) Subsection (2)(a) does not prevent a reasonable condition being imposed by a landlord in a consent granted under Part 3, Division 8.
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> **s 19:** Am 2024 No 75, Sch 1\[2\]–\[4\]; 2025 No 48, Sch 1.9\[2\] \[3\].