Section 40 — Residential Tenancies Act 1986: Tenant's responsibilities

40 Tenant's responsibilities (1) The tenant shall— (a) Pay the rent as and when it is due and payable under the tenancy agreement; and (b) Ensure that the premises are occupied principally for residential purposes; and (c) Keep the premises reasonably clean and reasonably tidy; and (d) Notify the landlord, as soon as possible after discovery, of any damage to the premises, or of the need for any repairs; and (e) On the termination of the tenancy,— (i) Quit the premises; and (ii) Remove all his or her goods from the premises; and (iii) Leave the premises in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish. (iv) Return to the landlord all keys, and security or pass cards or other such devices, provided by the landlord for the use of the tenant; and (v) Leave in or at the premises all other chattels provided by the landlord for the use of the tenant. (2) The tenant shall not— (a) Intentionally or carelessly damage, or permit any other person to damage, the premises; or (b) Use the premises, or permit the premises to be used, for any unlawful purpose; or (c) Cause or permit any interference with the reasonable peace, comfort, or privacy of any of the landlord's other tenants in the use of the premises occupied by those other tenants, or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood. (3) Where the tenancy agreement specifies a maximum number of persons that may reside in the premises during the tenancy, the tenant shall ensure that no more than that number reside in the premises at any time during the tenancy. (4) Where any damage to the premises is proved to have occurred during any tenancy to which this Act applies, it shall be for the tenant to prove that the damage did not occur in circumstances constituting a breach of subsection (2)(a) of this section. (5) In this section, unless the context otherwise requires, premises includes facilities. Compare: 1952 No 51 s 116D ; 1975 No 36 s 10; Residential Tenancies Act, 1978-1981 (South Australia),

ss 42, 43 Subsection (1)(e)(iv) and (v) were inserted, as from 1 May 1996, by section 18 Residential Tenancies Amendment Act 1996 (1996 No 7).