You have been handed a 22-page residential lease and told to sign by 5pm or the property goes to the next applicant. Most tenants skim the rent and term and sign. That is a mistake. Residential leases routinely include clauses that are illegal, unenforceable, or designed to trap you into paying for things the law says are the landlord’s problem. A ten-minute review now saves thousands later.
Red flag 1: “No pets” blanket prohibitions
In Victoria since 2020, tenants have a statutory right to keep pets unless the landlord obtains a VCAT order refusing consent. Queensland adopted similar reforms in 2022. NSW and other states are tightening. A blanket “no pets” clause is increasingly unenforceable — and even where lawful, the landlord must give written reasons for refusal.
Red flag 2: “Professional cleaning required at exit”
Under the Residential Tenancies Acts (NSW Section 52, VIC Section 61, QLD Section 188, and equivalents), you must return the property in the same condition as the entry condition report — fair wear and tear excluded. A clause requiring professional cleaning beyond the entry standard is unenforceable. Tribunals routinely strike these claims down.
Red flag 3: Rent increases tied to “market” with no cap
Most states cap rent increases to once every 12 months and require 60 days written notice. Victoria, NSW (from 2024) and Queensland have added “excessive rent increase” challenges via the relevant tribunal. A clause permitting unilateral or “market-based” mid-term increases is generally void.
Red flag 4: “Tenant pays all repairs”
The landlord is statutorily responsible for the structure, plumbing, electrical, hot water, heating and major appliances. A clause shifting these to the tenant is void. You are only responsible for damage you cause and minor consumables (light bulbs, smoke alarm batteries in some states).
Red flag 5: Bond above the legal cap
Bonds are capped — typically four weeks of rent in NSW, VIC and QLD (with limited exceptions for high-rent properties). Anything more is unlawful and recoverable. Always check your state’s cap before paying.
Red flag 6: Entry without notice
Landlords cannot enter the property without written notice (usually 24 hours to 7 days depending on the reason and the state). Clauses purporting to allow “unrestricted access” or “inspection at any time” are void.
Red flag 7: Liquidated damages and break fees
Break fees must be reasonable and tied to actual landlord loss. Some states (notably NSW) have prescribed maximum break fees on a sliding scale. Anything exceeding the statutory cap or the landlord’s actual loss is a penalty and unenforceable.
The document that protects you
A formal Contract Review identifies every void, unenforceable, or risky clause in your draft lease, explains the legal position in plain English, and provides red-line amendments you can request before signing. Most landlords concede the obviously unlawful clauses rather than lose a viable tenant.
What Claim Done delivers
For a flat $79, Claim Done’s Contract Review parses your draft lease against the Residential Tenancies Act for your state and returns a clear PDF report — flagged clauses, legal basis, suggested amendments, and what to ask the agent. Ten minutes versus the $300 to $600 a tenancy lawyer would charge for the same review.
What happens after
Armed with the review, you negotiate amendments before signing. Most agents accept reasonable changes — they have other applicants and want to close the deal. If the landlord refuses to remove plainly unlawful clauses, you have early notice that this is not a tenancy worth entering.