Tidying Up The Rules Around What Happens If Someone Dies While Renting A House

Residential Tenancies and Funerals Amendment Bill 2024

1st House

2nd House

Law


Links to Info on Official Parliament Websites:



Effects of Bill:

This bill being passed means that:

Allows the next of kin or the tenant's estate to terminate the lease with 14 days' notice following a tenant's death.

Ensures that landlords must return the tenant’s security deposit within 14 days of the lease termination due to a tenant's death, provided there are no damages or outstanding rent.

Grants immediate access to the property for the next of kin or legal representative to remove personal belongings of the deceased tenant within a reasonable timeframe (typically within 28 days).

Requires landlords to store the tenant’s belongings for up to 30 days if they are not claimed immediately by the next of kin or estate.

Introduces a rule that rental payments are paused immediately upon the tenant’s death and until the tenancy is formally terminated, preventing the estate from accruing unnecessary rent during this period.

Adds provisions for tenants with serious health conditions or terminal illnesses, allowing them to terminate leases early without penalties, provided appropriate medical documentation is supplied.

Establishes a tenant funeral assistance fund where the tenant’s estate can apply for assistance with funeral costs if the tenant passed away under financially constrained circumstances.


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