The Roommate Release Form is a critical document in Australian residential tenancy practice, designed to facilitate the formal exit of one tenant from a shared living arrangement while protecting the interests of all parties involved. This document becomes necessary when one tenant wishes to leave a shared rental property before the lease term ends, and the remaining tenants intend to continue occupying the property. It aligns with Australian state and territory residential tenancy laws, particularly addressing requirements under the Residential Tenancies Act and related regulations. The form typically includes provisions for security deposit adjustments, utility account transfers, and the possible introduction of a replacement tenant, while ensuring compliance with local tenancy regulations and fair trading practices.
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1. Parties: Identifies all parties involved: departing tenant, remaining tenants, new tenant (if applicable), and landlord/property manager
2. Background: States the existing lease agreement details, current living arrangement, and intention for release
3. Definitions: Defines key terms used throughout the document including 'Release Date', 'Original Lease', 'Security Deposit', etc.
4. Release Terms: Specifies the exact terms of the release, including the effective date and confirmation that the departing tenant will be released from future obligations
5. Security Deposit Arrangements: Details how the original security deposit will be handled, including any deductions and return timing
6. Remaining Obligations: Outlines any continuing obligations of the departing tenant up to the release date, including rent payments and utility bills
7. Acknowledgment and Agreement: Statements confirming all parties understand and agree to the terms of the release
8. Execution: Signature blocks for all parties with dates
1. New Tenant Agreement: To be included when a new tenant is simultaneously being added to replace the departing tenant
2. Property Condition: To be included when there are specific agreements about the condition of the property or repairs needed
3. Outstanding Bills and Utilities: To be included when there are specific arrangements for handling existing utility accounts or outstanding bills
4. Keys and Access Devices: To be included when there are specific arrangements for returning keys, access cards, or other property access devices
5. Forwarding Address: To be included when there needs to be a formal record of the departing tenant's new address for future correspondence or deposit return
1. Schedule A - Original Lease Agreement: Copy or reference to the original lease agreement
2. Schedule B - Security Deposit Calculation: Detailed breakdown of security deposit deductions and returns
3. Schedule C - Outstanding Payments Record: List of any outstanding payments or credits between roommates
4. Schedule D - Property Inventory: List of any shared items or furniture and their ownership/disposition
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