Knowing your Rights when Signing An Arrangement (Lease).
Other pages have details about paying the bond and unlawful discrimination.
A rental arrangement is an agreement in between an occupant and a rental company (property manager). Once you have actually signed it, there is no 'cooling off' period. It is crucial to understand what you are agreeing to when you sign a rental agreement.
Other pages have info about rooming houses and caravan parks or things you check when beginning a site agreement in a property park or town.
Questions occupants can not be asked
A rental supplier is not permitted to request for certain info from potential tenants:
- whether they have actually previously taken legal action or had a dispute with a rental service provider
- about their bond history
- for a full declaration from a credit or savings account with all the deals (you can erase transactions that you do not feel comfortable showing).
- specific protected characteristics detailed in the Level playing field Act 2010 (e.g. ethnicity). If they do make such as demand, they should supply the reason they are requesting that details in writing.
Report a concern with a marketed rental residential or commercial property
Prospective renters, genuine estate representatives or members of the general public with concerns about an advertised rental residential or commercial property can report a problem to us. Find out more, view Report an issue with an advertised rental residential or commercial property.
Using the appropriate contract (lease)
You must use the 'proposed type' when entering into a composed rental agreement. A prescribed kind is specified by Victorian rental law.
We recommend utilizing the official kind offered on our website.
You can find out more about property rental arrangements, and find the kinds on that page, before you sign.
Either a rental service provider or renter can ask for that certain conditions be included in a rental arrangement. For instance, a rental provider might include a condition that says no cigarette smoking is allowed inside the residential or commercial property.
A rental provider or tenant can not accept any terms which are irregular with the term of the Residential Tenancies Act or the standard rental agreement. This will be invalid. For example, the rental service provider can not include a term stating that they will inspect the residential or commercial property each month.
You can see a list of conditions that are not enabled to be consisted of on domestic rental contracts.
Receiving notices and other documents digitally
Renters and rental suppliers can concur to receive notifications and other files from each other electronically (generally by means of e-mail). This should be noted in the rental arrangement.
If you grant get notifications electronically, make sure you offer an e-mail address that you examine regularly.
A renter can withdraw their permission at any time by telling their rental service provider. We recommend doing this in composing.
If your email address modifications throughout your rental agreement, you should inform the other party right away.
Paying rent and fees
Renters need to be given a minimum of one way to pay rent that does not need them to pay costs. For instance, this may be by direct bank transfer or direct debit.
A rental supplier can not need the tenant to pay more than one month's rent in advance unless the weekly rent is more than $900. If you wish to pay more, you can.
For more details, see paying lease and lease in advance.
Rental providers can not charge for:
- the costs of preparing the agreement. - a set of all house secrets for each tenant on the arrangement.
Bond amounts
Usually, a rental provider can not ask for a bond that is greater than the quantity of one month's lease. Learn more about bond payments and quantities.
Before you sign
When you make a contract with somebody to rent their residential or commercial property to live in, you are getting in a domestic rental agreement. This is a legal file, and it can take time to end the contract, so you require to be confident that the residential or commercial property is right for you.
Before you sign a rental arrangement, the rental company must let the renter know:
- if they plan to offer the facilities, and if so, whether they have engaged an agent to offer the residential or commercial property, or if there is an agreement of sale. - if a mortgagee is acting to have the properties, and if so, whether a mortgagee has started proceedings to impose the mortgage.
- if they are the owner of the residential or commercial property, or if they are not the owner of the residential or commercial property but they have a right to lease the residential or commercial property out.
- if the properties are provided with electricity from an embedded electrical power network. If so, the rental supplier should offer the trading name of the ingrained network, ABN of the ingrained network operator, the contact details, and electrical power tariffs and any other costs relevant (or details where that details might be accessed).
- if, to the very best of the rental company's understanding, the rental residential or commercial property or common residential or commercial property has actually been the place of a murder in the last 5 years.
- if the rental residential or commercial property meets the rental minimum standards.
- if, in the last three years, the rental company has received a repair work notification( s) seeking repair work of mould or damp associated to the building structure. (This disclosure requirement just starts after 31 December 2021).
- the date when an electrical power safety check was last conducted at the facilities.
- the date when a gas security check was last conduced at the properties.
- whether there are any exceptional suggestions from the electricity and gas security checks.
- if the rental residential or commercial property is a heritage listed place.
- if, to the very best of the rental service provider's knowledge, the rental residential or commercial property has been utilized for the trafficking or growing of a drug of dependence in the last 5 years.
- if, to the very best of the rental provider's knowledge, the rental residential or commercial property has asbestos in it.
- if, to the finest of the rental provider's knowledge, the rental residential or commercial property is impacted by any structure or preparation application lodged with an appropriate preparation authority.
- if the rental premises go through a notification, order, statement, report or recommendation released by a relevant building property surveyor, local structure surveyor, public authority or federal government department relating to any structure defects or security concerns connected with the rented premises or typical residential or commercial property. If the answer is yes, the rental provider should supply a description of the order, notice or report.
- if there is a current domestic structure work dispute under the Domestic Building Contracts Act 1995 relating to the rental facilities.
- if there is a current disagreement under Part 10 of the Owners Corporations Act 2006 (a disagreement between owners, citizens and/or the manager) which affects the rental facilities.
- whether the rental property goes through the owners corporation guidelines (the leasing company must attach these the guidelines to the application).
Terms that should not remain in your rental agreement
A rental company or occupant need to not prepare or authorise the preparation of a rental arrangement of as much as 5 years which consists of a restricted or void term.
List of conditions that will be void
If a rental agreement includes extra terms aside from the ones in the basic kind rental contract, these terms might be invalid if:
- the term has been prohibited (see below). - the term looks for to leave out, restrict, or modify or has the impact of leaving out, restricting or customizing the application of the Residential Tenancies Act, including the workout of any rights under that Act, to the rental contract.
This includes a term that is not set out in the rental agreement however is discussed in the rental agreement.
If you think an invalid term has been consisted of in your rental arrangement, consult from us. VCAT may declare that a regard to a rental contract is invalid.
Note: the requirements connecting to invalid terms do not use to a regard to a basic type rental arrangement of more than 5 years.
List of conditions that can not be consisted of
Renters can not be required to:
- secure any kind of insurance. - pay additional lease or charges if they break the guidelines in the .
- spend for the rental provider or agent to prepare the arrangement.
- pay rent in advance in a manner that requires additional costs (other than bank costs or account charges payable on the occupant's savings account).
- use the services of a 3rd party company chosen by the rental service provider besides an ingrained network.
- spend for or arrange upkeep of safety devices that is the rental service provider's responsibility.
- indemnify the rental supplier.
The arrangement also can not say that:
- rent will be decreased if the tenant does not break the guidelines in the arrangement. - the occupant will be paid refunds or other payments if they do not break the guidelines in the contract.
- the occupant will be bound by an agreement that they did not concur to in composing after having an opportunity to evaluate it before entering into the rental contract.
- the tenant can not make a claim for settlement because the rented facilities are not readily available on the start date of the agreement.
- the tenant has to pay the rental supplier's costs of submitting an application at VCAT.
- the occupant has to pay an insurance excess for a rental provider's policy.
- the renter is accountable by default for an insurance coverage excess to be paid under an insurance coverage of the rental company (each scenario has actually to be thought about).
- the occupant needs to pay a repaired fee for ending an arrangement early (unless the basis for calculating the repaired costs has been set out in the contract)
There is a charge for including a restricted term in a rental arrangement.
Minimum requirements for a rental residential or commercial property
Rental suppliers must ensure their residential or commercial property is kept according to rental minimum standards. This includes making sure:
- the residential or commercial property has no mould, pests or vermin - existing devices like ovens and stoves are in working order
- there is a safe, working heating system
- there is a sensible supply of hot water to the cooking area and restroom
- the residential or commercial property's structure is safe and weatherproof.
If the rental residential or commercial property does not satisfy the minimum requirements, renters can end the rental contract before they relocate. Renters can also ask for an urgent repair work to make the rental residential or commercial property meet the minimum standards at any time after they move in.
Note: this only uses to brand-new rental agreements signed from 29 March 2021. If your rental arrangement was signed before this date, you can discover more details on Transition to new renting laws.
This is not a full list of the minimum standards. For more details about minimum standards, see Minimum requirements for rental residential or commercial properties.
What rental providers need to provide renters
At the start of every rental contract, the rental company or agent must give tenants:
- a copy of the rental arrangement if it's in composing - a copy of our Renters guide either as a paper copy or digitally if you have consented to get documents digitally
- a phone number in case you require immediate repair work done out of organization hours
- the rental supplier or agent's complete name, a postal address for sending them files, and an email address (if they concurred in writing to get notifications and other documents electronically).
- a set of keys for each occupant who signed the agreement.
If tenants needed to pay a bond, the rental supplier should provide:
- two copies of the condition report (or one electronic copy). - a bond lodgement form to sign, so the bond money can be lodged with the Residential Tenancies Bond Authority.
If there is an owners' corporation, renters should be provided a copy of their guidelines.
Checklist for signing a rental contract
- The arrangement is not incomplete or blank. - The bond is not more than one month's rent unless the rent is more than $900 each week.
- You are not required to pay more than one month's lease beforehand (unless you select to or your rent is more than $900 each week).
- There is at least one way to pay the lease where you do not have to pay a fee to a 3rd party.
- Negotiate any extra conditions that you want in the agreement (for example, that the rental service provider will change the oven within 6 months).
- There is no charge to prepare the rental agreement.