FOR LANDLORDS

Responsible Landlord Guidance.

The RCD supports responsible landlords with lawful guidance. Proper documentation and due process protect your interests and reduce costly disputes.

Landlord Responsibilities Under the Law

Advance Rent Compliance

You may not demand more than three months' rent in advance from any tenant. Demanding or accepting excess advance rent is a criminal offence under Act 220.

Written Tenancy Agreement

Every tenancy must be supported by a written agreement before the tenant occupies the unit. Use the RCD standardised agreement template to ensure compliance.

Lawful Rent Practices

Rent must be set and adjusted in accordance with Act 220 and PNDCL 138. Rent increases must follow lawful processes and proper written notice to the tenant.

Habitable Conditions

You are legally required to maintain the unit in a safe and habitable condition — including plumbing, structural integrity, sanitation, and access to utilities.

Tenancy Registration

Tenancies must be registered with the Department as part of the National Rent Register rollout. Registration protects both landlord and tenant and supports lawful administration.

Due Process for Possession

You may not remove a tenant without following the lawful notice and possession process. Self-help eviction — lockouts, removing belongings, cutting utilities — is illegal and carries serious penalties.

Advance Rent Rules

The advance rent limit is one of the most frequently violated provisions of Act 220. Know the rules and protect yourself from prosecution.

Maximum advance rent permitted3 months

Excess advance rentIllegal — must be refunded

Penalty for excess demandProsecution under Act 220

Documentation requiredWritten receipt for all payments received

Lawful Possession Process

Follow these steps to recover possession lawfully. Skipping any step exposes you to illegal eviction liability.

01
Serve written notice to the tenant stating the lawful grounds for seeking possession and the required notice period.
02
Allow the full notice period to elapse before taking any further action.
03
If the tenant does not vacate, apply to the Rent Control Department or appropriate court for a possession order.
04
A hearing will be scheduled. Both parties may present their case.
05
If a possession order is granted, it must be enforced through lawful channels — not self-help.
06
Never change locks, remove belongings, cut utilities, or threaten the tenant during this process.

Penalties for Non-Compliance

Violation	Penalty	Notes
Excess Advance Rent Demand	Prosecution under Act 220	Plus mandatory refund of all excess collected
Unlawful Eviction	Criminal prosecution	Plus potential civil liability and tenant relocation assistance
Failure to Maintain Habitability	Enforcement order + penalties	Depending on severity and duration
No Written Tenancy Agreement	Compliance order	Agreement required before occupation
Retaliation Against Tenant	Prosecution + penalty	Per incident — complaint filing and exercise of rights are protected
Failure to Register Tenancy	Penalty as prescribed	Under National Rent Register requirements

Downloadable Documents

Document	Description	Download
Standard Tenancy Agreement Template	RCD-approved template for residential tenancy agreements.	PDF
Notice to Vacate Template	Lawful notice template for initiating possession proceedings.	PDF
Landlord Registration Form	Register your tenancy with the National Rent Register.	PDF
Rent Receipt Template	Issue proper written receipts for all rent and advance payments.	PDF

Frequently Asked Questions

How much advance rent can I legally charge?+

Under Act 220, you may not demand more than three months' rent in advance. Any amount above this is unlawful. If you have already collected excess advance rent, you are required to refund the overpayment.

What process must I follow to recover possession of my property?+

You must serve written notice of the lawful grounds for possession, allow the full notice period to pass, and — if the tenant does not vacate — apply to the Rent Control Department or court for a possession order. You cannot change locks, remove belongings, or cut utilities. Doing so constitutes illegal eviction.

Do I need a written tenancy agreement?+

Yes. A written tenancy agreement is required before any tenant occupies your unit. The RCD provides a standardised template. A written agreement protects your interests, records agreed terms, and is required for registration.

How do I register a tenancy?+

Tenancy registration is being rolled out through the National Rent Register. Visit /services/tenancy-registration for the current process, required documents, and registration forms.

A tenant has filed a complaint against me — what should I expect?+

The RCD will notify you of the complaint and the scheduled process. You will have the opportunity to respond, present your case, and participate in mediation or a formal hearing. Engage with the process — non-participation does not stop a decision being made.

What is mediation and can it help me?+

Mediation under Act 798 is a structured process where both parties work with a neutral third party to reach a settlement. It is faster, less costly, and less adversarial than a formal hearing. Mediated settlements are legally binding. Most landlords find it the most practical route to resolution.

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