VIC Tenancy Info

Renting in Victoria

When renting a house, apartment or unit, it is important to understand the rules and regulations that govern the real estate and renting industry. Whether renting as a tenant or leasing as a landlord, you must be aware of such issues as lease agreements, rental bonds, inspections, residential contracts, the body corporate, repairs and maintenance.

For instance the general rules include paying the rent on time and keeping the premises clean and without damage. Likewise, the landlord has the responsibility of ensuring the premises are clean when you move in, keeping it in good repair and that you are not unnecessarily disturbed.

You will need to check that everything on the property works correctly, including the oven, plumbing, lights, heating, security systems, door and window locks.

A Residential Tenancy Application form helps the landlord check your references and credit history. If you fill out his form, make sure it includes a privacy statement about how your information will be used.

You must be aware that paying a 'holding deposit' may not guarantee you the property, but it could commit you to a lease!

The Residential Tenancy Agreement is a legal contract between you and the landlord, which sets out the terms and conditions of the renting. This is also referred to as the 'lease'. It should include:

• Property location
• Total rent amount
• Amount of the Bond money
• Start and end date of the tenancy term
• The landlord's name

Read it through carefully and never sign a blank form. Ask for help if you are not sure.

Never sign anything if you are not sure of its meaning.

Before the commencement of the tenancy agreement the agent or lessor must provide, or advise you of how to obtain, a copy of the Consumer Affairs Bureau booklet The Renting Book (you can download it from the Department of Fair Trading website). This booklet is a general guide to a person’s rights and responsibilities as a tenant, property owner or real estate agent.

When you enter into a tenancy agreement (including oral agreements) you are entering into a legally binding relationship. Tenants and lessors should think carefully before entering into a tenancy agreement as once the agreement is made it is too late to change your mind.

When a lessor grants a tenant a right to occupy a property to use as a residential property, both parties have entered into a residential tenancy agreement. A residential tenancy agreement can be written or oral or a combination of both. However, it is advisable that all tenancy agreements be in writing to avoid any confusion that may arise as it is very hard to prove what information was included as part of an oral agreement.

For more information visit the Residential Tenancies Authority (RTA) on http://www.rta.qld.gov.au.

For more information visit the Consumer Affairs Victoria on http://www.consumer.vic.gov.au.