Tenants must pay the rent in advance from the first day of tenancy.
If two week’s rent is paid at the start of the tenancy, no rent is due until that two weeks have passed.
Besides a security bond and rent in advance, you cannot ask for any other money at the start of the tenancy.
Advance rent is not money that you can keep in reserve but simply payment for the coming week or fortnight i.e. if the tenant pays rent weekly on a Friday (as per your agreed tenancy agreement) this covers rent for one week and is due again the following Friday.
The tenant can be required to pay:
NSW: two week’s rent in advance, unless they freely offer to pay more
QLD: You cannot ask your tenant to pay more than one month’s rent in advance when you have a fixed term agreement, or more than two week’s rent in advance with a periodic agreement. However the tenant can pay more rent in advance if they want too.
VIC: If the rent is to be paid weekly you cannot ask for any more than 14 days rent at the beginning of the tenancy. If the rent is $350 per week or less you cannot ask for more than one month’s rent in advance.
WA: You cannot require your tenant to pay more than two week’s rent in advance.
NT: You cannot require a tenant to pay rent in advance of more than one rental period i.e. if both parties agree the rent is to be paid fortnightly then you cannot require a tenant to pay rent in advance of more than two weeks.
TAS: You cannot require a tenant to pay rent in advance of more than one rental period i.e. if both parties agree the rent is to be paid fortnightly then you cannot require a tenant to pay rent in advance of more than two weeks.
SA: You cannot require your tenant to pay more than two weeks rent in advance.
