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Lease agreements

A lease signed electronically, the way your state allows

Renting out a granny flat, a spare room, or the place you used to live in: the tenancy agreement comes from your state, but nothing says it has to be signed on paper. The standard forms expect electronic signatures and say so.

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The form comes from your state. The signing doesn’t have to be on paper.

Residential tenancy law is state law, so there is no national lease. Use your state’s current standard form, then sign it electronically:

The two conditions worth understanding

Consent. Both parties have to be willing to deal electronically. In Refrendo, each tenant is asked to agree to use electronic records and signatures before they see the lease, and the certificate records when they agreed.

A reliable method. The Act asks that the method identify the person, show their intention, and be as reliable as the circumstances require. If a signature is disputed later, the question is usually who signed, not what the signature looks like. Each signer gets their own link at their own email address, agrees to use electronic records before they see the lease, and sees the consent wording before they finish. The certificate records how each person was identified.

Three things a signature does not cover

Who this is for

Self-managing landlords with one or two properties. A head tenant sub-letting a room with the landlord’s written permission. Renting the granny flat, or renting to family, where nobody wants to pay an agent to send one document a year but everybody wants it done properly. A renewal at the end of a fixed term, which is the same document with new dates.

How it goes

Upload the completed state form as a PDF, add the tenants by name and email, place a signature and date field for each of them and for yourself, and send. Each tenant opens their own link, reads the agreement and signs on a phone or a laptop. You see where it is up to, and Refrendo reminds anyone who hasn’t acted.

When the last person signs, everyone is emailed a link to download the completed PDF and a certificate recording who signed, when, how they were identified, and SHA-256 fingerprints of the document before and after signing. Download both and save them with the condition report and the bond receipt, and the tenancy is properly documented from day one.

This is general information about signing, not legal advice, and tenancy law changes regularly in every state. Check the current form and requirements with your state or territory tenancy authority.

Keep reading

Questions

Can a residential tenancy agreement be signed electronically?

Yes, where the parties consent and the method meets the Electronic Transactions Act requirements. The NSW standard form says so on its face: the note directly above the signature block points to section 9 of the Electronic Transactions Act 2000 and to Division 2 of Part 2 for the requirements an electronic signature has to meet.

Does a lease need a witness?

The NSW standard residential tenancy agreement has no witness block at all: it is signed by the landlord or agent and by each tenant. Longer leases, commercial leases and anything executed as a deed are different, and most states still want a witness when an individual signs a deed.

What if the tenant would rather sign on paper?

Then they sign on paper. Consent to deal electronically is one of the conditions, not a formality, so a tenant who prefers a printed copy should get one.

Does signing the lease deal with the bond?

No. Bond money goes to your state or territory bond authority, through their own process, within the time limit that applies there. Signing the lease does not lodge the bond.

What about a commercial or retail lease?

Commercial and retail leases follow different rules. They can be executed as deeds, are often registered on the land title, and have their own rules including retail leasing legislation in most states. Get advice rather than treating it like a residential agreement.

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