Key-money prohibited
34 Key-money prohibited
A person must not, as a landlord or on behalf of a landlord, seek or accept the payment of key-money. In the case of – a body corporate, a fine not exceeding 50 penalty units; and an individual, a fine not exceeding 25 penalty units.
A provision of a retail lease is void to the extent that it requires, or has the effect of requiring, the payment of key-money.
If a person contravenes this section, whether or not the person is found guilty of an offence against subsection (1), the tenant is entitled to recover from the landlord as a debt – a payment made by the tenant; or the value of any benefit conferred by the tenant – that was accepted by or on behalf of the landlord in contravention of this section.
This Act’s bill:Explanatory notesSecond reading speech
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