Obligation to leave premises in same condition
37D Obligation to leave premises in same condition
Before a non-owner resident of a retirement village delivers up vacant possession of premises in the retirement village, the non-owner resident must comply with this section.
The non-owner resident must leave the premises, as far as practicable, reasonably clean.
Subject to subsections (4) and (5), the non-owner resident must leave the premises, as far as practicable, in the same condition as when the non-owner resident commenced occupation, taking into account fair wear and tear to the premises.
If a fixture or fitting was added or altered under Division 2, the non-owner resident must ensure, as far as practicable, that the fixture or fitting is in the same condition as it was immediately after it was added or altered, taking into account fair wear and tear to the fixture or fitting.
If a fixture or fitting was removed under Division 2, the non-owner resident is not required to reinstate that fixture or fitting.
Subsections (3), (4) and (5) do not apply if the non-owner resident enters into an agreement to renovate the premises with the operator of the retirement village under section 37H(2).
S. 37E inserted by No. 19/2025 s. 44.
This Act’s bill:Second reading speech
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