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Under the RTRA a minor cannot under any circumstances, enter into a residential tenancy agreement.

Question

Under the RTRA a minor cannot under any circumstances, enter into a residential tenancy agreement.

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Solution

This statement is not entirely accurate. Under the Residential Tenancies and Rooming Accommodation Act (RTRA) in Australia, a minor, defined as a person under 18 years of age, can enter into a residential tenancy agreement under certain circumstances.

Here are the steps:

  1. Age of the minor: The minor must be at least 16 years old to be considered for a residential tenancy agreement.

  2. Independent minor: The minor must be classified as an 'independent minor' which means they are living separately from their parents or guardians and are not under the legal care of a government department or agency.

  3. Financial stability: The minor must be able to demonstrate financial stability and the ability to support themselves independently. This could be through employment, government benefits, or other means.

  4. Consent: In some cases, the minor may need to obtain consent from a parent, guardian, or the Queensland Civil and Administrative Tribunal (QCAT) to enter into the agreement.

  5. Agreement: If all these conditions are met, the minor can enter into a residential tenancy agreement. However, the property manager/owner has the right to consider the minor's age when deciding whether to enter into the agreement.

So, while there are restrictions and conditions, it is not accurate to say that a minor cannot under any circumstances enter into a residential tenancy agreement under the RTRA.

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