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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  23 Oct 2014
Consolidated as at:  11 Jan 2005

28. Disputes

      (1) If the tenant disputes the amount returned by the owner under section 27, the tenant may apply to the Commissioner to determine the dispute.

      (2) An application to determine the dispute is to be –

(a) [Section 28 Subsection (2) amended by No. 67 of 2003, s. 10, Applied:05 Mar 2004] in writing and lodged with the Commissioner within 60 days after the termination of the residential tenancy agreement; and

(b) accompanied by any information to support the dispute; and

(c) accompanied by the prescribed fee.

      (3) The Commissioner, by notice in writing, is to require the owner to lodge with the Commissioner within 7 days of receipt of the notice –

(a) the balance of any security deposit not paid to the tenant; and

(b) a copy of the condition report.

      (4) The owner must comply with the notice.

Penalty:

Fine not exceeding 50 penalty units.

      (5) The owner may lodge with the Commissioner, on payment of a prescribed fee and within 7 days of receipt of the notice, information to support the owner's decision to retain all or part of the security deposit.


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CURRENT VIEW: 5 Mar 2004 - 1 Jul 2009
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