Security bonds
21 Security bonds
In this section —
pet does not include an assistance dog as defined in the Dog Act 1976 section 8(1).
A park operator must not require or receive payment of more than one security bond in respect of a long‑stay agreement.
Penalty for this subsection: a fine of $5 000.
However, subsection (1) does not prevent a park operator from receiving a security bond in instalments.
A park operator must not require or receive payment of a security bond if the amount of the bond is more than the sum of —
4 weeks’ rent; and
if the long‑stay tenant is permitted to keep a pet capable of carrying parasites that can affect humans at the agreed premises — a prescribed amount to meet the cost of fumigating the premises at the end of the tenancy, if necessary.
[(c) deleted]
Penalty for this subsection: a fine of $5 000.
When a long‑stay tenant pays a security bond, the park operator must give the long‑stay tenant a receipt that specifies —
the amount paid; and
the date on which it is paid; and
if a pet bond is paid — the amount of the pet bond; and
the name of the tenant; and
particulars of the agreed premises for which it is paid.
Penalty for this subsection: a fine of $20 000.
Nothing in subsection (1) prevents the park operator from requiring further payment from a remaining long‑stay tenant towards the security bond in order to cover the disposal of a former long‑stay tenant’s portion of the security bond under section 74C(3).
[Section 21 amended: No. 3 of 2019 s. 27 and 39; No. 28 of 2020 s. 21.]
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