Introduction
Property management is more than just collecting rent and coordinating repairs. It also means navigating a complex legal landscape that varies by state, region, and even municipality. Failing to understand local property laws can lead to disputes, fines, or even lawsuits, making legal compliance a non-negotiable priority for every property manager.
Whether you’re managing a single property or a portfolio of residential or commercial units, staying informed about your legal obligations helps you protect your business, maintain positive landlord-tenant relationships, and ensure your operations run smoothly.
In this article, we’ll cover the key areas of property law every manager should understand, with practical tips to help you stay compliant and confident in your role.
1. Residential Tenancies Acts by State and Territory
Each Australian state and territory has its own Residential Tenancies Act, outlining the rights and responsibilities of landlords and tenants.
Key Points Include:
- Lease agreements and required terms
- Rent increases and notice periods
- Bond requirements and lodgement procedures
- Maintenance obligations and timelines
- Eviction processes and valid reasons for termination
What to Do:
Familiarise yourself with the legislation that applies in your jurisdiction (e.g. NSW Residential Tenancies Act 2010, VIC Residential Tenancies Act 1997). Bookmark the official government site for regular updates.
2. Rental Bond Regulations
Bond handling is tightly regulated to protect both landlords and tenants.
Legal Requirements:
- Bonds must be lodged with the relevant bond authority (e.g. Rental Bond Board in NSW, RTBA in VIC)
- Landlords/managers must issue a receipt and complete official lodgement forms
- Bonds must be returned within the legal timeframe after tenancy ends, less any agreed deductions
Tip: Failing to lodge a bond correctly can result in penalties—ensure you use secure systems and confirm receipt of lodgement.
3. Disclosure and Documentation Requirements
Transparency is a legal obligation in property management. Certain disclosures must be made to tenants before and during a lease agreement.
You May Be Required to Disclose:
- Known property defects or hazards
- Any plans to sell the property
- Details of embedded electricity or water systems
- Body corporate or strata by-laws (for apartments)
Best Practice: Keep a checklist of all mandatory disclosures for new and renewing tenancies to ensure nothing is missed.
4. Entry Notice and Privacy Laws
Tenants have the right to quiet enjoyment of their property. That means landlords and managers must follow strict rules when entering the premises.
Legal Entry Conditions:
- Minimum notice periods (typically 24–48 hours)
- Acceptable reasons for entry (inspections, repairs, emergencies)
- Entry must occur during reasonable hours
Important: Entry without notice—even with good intentions—can breach privacy laws and lead to complaints or legal action.
5. Fair Housing and Anti-Discrimination Laws
It is illegal to discriminate against tenants or applicants based on race, gender, religion, disability, family status, or other protected attributes.
Compliance Means:
- Advertising rental properties without exclusionary language
- Processing applications fairly and equally
- Accommodating tenants with special needs (where reasonable)
Action Step: Review your tenant screening and communication processes to ensure they’re in line with national and state-based anti-discrimination laws.
6. Health and Safety Obligations
Property managers are legally required to ensure properties are safe and habitable.
Common Compliance Areas:
- Smoke alarm installation and testing
- Gas and electrical safety checks
- Pest and mould management
- Pool fencing and safety barriers (if applicable)
Note: Laws vary by state, so check what’s mandatory in your area and maintain detailed records of all inspections and repairs.
7. Handling Repairs and Maintenance Requests
Under most tenancy laws, landlords and managers must respond to repair requests within a reasonable time—and immediately in the case of urgent issues.
Examples of Urgent Repairs:
- Burst water pipe
- Blocked toilet
- Dangerous electrical faults
- No hot water or heating in winter
Tip: Implement a clear workflow for handling repair requests, and communicate expected timeframes to tenants upfront.
8. Rent Increases and Lease Renewals
You must follow set rules when increasing rent or renewing a lease agreement.
Typical Guidelines:
- Provide written notice within a minimum notice period (often 60 days)
- Specify the new rent amount and effective date
- Ensure the increase is reasonable under local legislation
Warning: Unjustified rent increases can be challenged by tenants through tribunals or tenancy boards.
9. Ending a Tenancy the Right Way
There are legal procedures for ending a lease, whether it’s due to property sale, breach of agreement, or the end of a fixed term.
Termination Must Be:
- Based on legally valid reasons
- Provided with the correct notice period (varies by reason and state)
- Accompanied by proper documentation (e.g. Notice to Vacate)
Best Practice: Keep templates for notices and track all correspondence to protect yourself in the case of disputes.
10. Staying Updated on Legal Changes
Property laws evolve frequently in response to economic shifts, tenant advocacy, and government reforms.
How to Stay Compliant:
- Subscribe to updates from state tenancy authorities
- Attend training events or webinars through industry bodies
- Consult with a property lawyer or legal advisor when unsure
Compliance isn’t a one-time task—it’s an ongoing responsibility.
Conclusion
Understanding local property laws isn’t just about avoiding penalties—it’s about building a professional, trustworthy, and compliant property management practice. With the right legal knowledge and processes in place, you can protect your clients, serve your tenants ethically, and run a business that’s built to last.
Stay informed. Stay compliant. And always manage with confidence.
