It’s important to know whether you're a tenant or a boarder/lodger because your rights and protections are different.

It can be tricky to figure out if you’re a boarder/lodger or a tenant/sub-tenant because it depends on your specific situation.

Boarders or lodgers 

Generally, you are more likely to be considered a boarder/lodger if:

• Your landlord (or someone they appoint) lives with you,
• Your landlord provides extra services like meals or laundry,
• You live in someone else's home and don’t have full control over the space,
• There are house rules set by the landlord and they enforce them,
• You can’t stop the landlord from entering your room or common areas of the property.

Difference to a tenant or sub-tenant 

Tenants, sub-tenants, and landlords:

• are protected by tenancy laws.
• live in a rental property
• pay a bond and rent
• can treat the property or room as their own. They can keep others out, including the landlord, except in some situations (listed in the Act).

Difference between a boarder and a lodger 

Boarders usually get meals or extra services included, lodgers do not. For example, if you get meals, bed linen, laundry and cleaning provided, you’re probably a boarder.

Lodgers don’t get any meals or services. If you qualify for rent assistance from Services Australia, the amount you receive will only cover lodging costs.

Boarder and lodger rights 

Your rights depend on the contract you have with your landlord.

Your basic rights include:

• The accommodation should be in good condition. The house, including all rooms, common areas, furniture, and equipment, should be clean and in good condition when you move in and stay.
• access to your room and shared spaces.
• reasonable privacy and peace. You should be able to use your room and facilities without too much disturbance from the landlord.
• Security for your room and personal belongings
• be given a copy of the house rules.
• receive reasonable notice if you need to move out.
• the return of any belongings you leave behind.

Australian Consumer Law (ACL)

You also have rights under the ACL:

• any meals or services you pay for must meet consumer guarantees, such as be provided with care and skill.
• Landlords must give receipts for services costing over $75. You can also ask for a list of how charges are calculated within 30 days of getting the original receipt.
• Any standard form contracts must not contain unfair contract terms.

Responsibilities as a boarder/lodger 

Your rights and responsibilities should be covered in your agreement.

Generally, you will likely need to:

• keep your room clean and tidy
• pay your rent on time and in the agreed way eg. electronically or cash
• follow the house rules
• give proper notice if you plan to leave
• use your room and shared areas only for legal purposes
• Avoid sub-letting your room.

Before you move in 

Questions you might want to ask before moving in:

• Does the rent include costs for gas, electricity, water, telephone, or internet? If not, how will you be charged for these?
• What extra services are offered? Does it include linen, laundry, or meals?  How much will they cost?
• Who has the keys to your room?
• Is there a safe place to park your vehicle?
• How much notice do you need to give if you want to move out?
• How much notice will you get if the landlord wants you to leave?
• Who is responsible for cleaning the common areas?
• Who else lives in the property?
• Are there any specific house rules, and what are they?
• Are there any rules about visitors, pets, noise, entering and leaving times, use of common areas, parking, or gardening?

Written agreements 

Ensure you understand and agree to all the terms before you sign an agreement. You and your landlord can make changes to the agreement if you both agree in writing.

Always keep a copy of the signed written agreement. The agreement is useful for settling arguments about responsibilities. It also helps if there are issues getting your bond back.

Property condition 

Take photos or make a video showing how different areas of the property look before you move in.

Create a list of the items in the property with descriptions of their condition. Also, note any damage or problems.

Recording these details can help avoid disputes about the property's condition when you move out.

Making Payments 

Always ask for a receipt clearly showing

• Date received
• Who took the payment
• What the payment is for, such as bond, rent or bill
• Any details about time period the payment covers eg. rent for month 1 to 31 July.

Keep your receipts, they may help if there is a dispute.

Ending the agreement 

Check the agreement for any conditions for ending the agreement such as notice period needed.

Landlord ending the agreement 

A landlord can end an agreement:

• at any time
• without giving a reason
• with 'reasonable notice'.

‘Reasonable notice’ will depend on the situation. For example, a boarder or lodger in a furnished room will not need as much time as someone who must remove furniture.

You must be able to collect your belongings. Important items like a passport and birth certificate must be kept safe and not thrown away if left behind.

Important: If you stay on the property without the landlord’s permission, you could be considered a trespasser.

Boarder/Lodger ending the agreement 

As a courtesy, you should inform your landlord at least a week before you plan to move out. This gives them time to find a new lodger, inspect your room, and arrange for the return of your security bond.

More information 

If you have problems with your boarding or lodging, first look at your agreement and try to solve the issue by talking to your landlord.

The complaints guide has tips on

• trying to resolve a problem
• sample letter/email.
• Other agencies who can help
• Going to court

If you’re unsure about your situation or need some advice, call Consumer Protection at 1300 30 40 54 for help.