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Other pages have details about paying the bond and illegal discrimination.

A rental contract is an agreement between a renter and a rental company (proprietor). Once you have actually signed it, there is no 'cooling off' duration. It is crucial to comprehend what you are concurring to when you sign a rental agreement.

Other pages know about rooming houses and caravan parks or things you examine when starting a site arrangement in a property park or village.

Questions tenants can not be asked

A rental supplier is not permitted to request for particular information from prospective occupants:

- whether they have formerly taken legal action or had a dispute with a rental supplier

about their bond history
for a full statement from a credit or savings account with all the transactions (you can delete deals that you don't feel comfortable revealing).
particular protected qualities detailed in the Level playing field Act 2010 (e.g. ethnic background). If they do make such as demand, they must provide the reason they are asking for that info in writing.

Report a concern with a marketed rental residential or commercial property

Prospective occupants, genuine estate representatives or members of the public with issues about a marketed rental residential or commercial property can report a problem to us. Learn more, view Report a problem with an advertised rental residential or commercial property.

Using the proper agreement (lease)

You should utilize the 'proposed form' when participating in a written rental agreement. A proposed kind is defined by Victorian rental law.

We advise using the main type offered on our site.

You can learn more about domestic rental agreements, and find the types on that page, before you sign.

Either a rental company or tenant can ask for that certain conditions be consisted of in a rental contract. For example, a rental supplier may include a condition that states no cigarette smoking is enabled inside the residential or commercial property.

A rental service provider or tenant can not agree to any terms which are inconsistent with the regard to the Residential Tenancies Act or the standard rental arrangement. This will be invalid. For example, the rental company can not consist of a term saying that they will inspect the residential or commercial property monthly.

You can see a list of conditions that are not permitted to be consisted of on residential rental contracts.

Receiving notices and other files electronically

Renters and rental service providers can accept receive notices and other documents from each other electronically (usually by means of e-mail). This must be noted in the rental contract.

If you consent to receive notices digitally, make certain you supply an e-mail address that you inspect routinely.

A renter can withdraw their approval at any time by informing their rental provider. We advise doing this in composing.

If your email address changes during your rental arrangement, you need to tell the other party right away.

Paying rent and costs

Renters must be given a minimum of one method to pay lease that does not require them to pay charges. For instance, this may be by direct bank transfer or direct debit.

A rental company can not require the occupant to pay more than one month's rent beforehand unless the weekly rent is more than $900. If you wish to pay more, you can.

For more details, see paying lease and rent in advance.

Rental service providers can not charge for:

- the costs of preparing the arrangement.
a set of all home keys for each tenant on the arrangement.

Bond amounts

Usually, a rental service provider can not ask for a bond that is greater than the quantity of one month's rent. Find out more about bond payments and amounts.

Before you sign

When you make an agreement with somebody to rent their residential or commercial property to live in, you are entering a residential rental arrangement. This is a legal document, and it can require time to end the arrangement, so you need to be positive that the residential or commercial property is ideal for you.

Before you sign a rental agreement, the rental provider should let the tenant know:

- if they plan to sell the premises, and if so, whether they have actually engaged an agent to sell the residential or commercial property, or if there is a contract of sale.
if a mortgagee is taking action to possess the facilities, and if so, whether a mortgagee has commenced proceedings to enforce 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 however they have a right to lease the residential or commercial property out.
if the facilities are supplied with electrical energy from an ingrained electrical power network. If so, the rental service provider needs to supply the trading name of the embedded network, ABN of the ingrained network operator, the contact details, and electricity tariffs and any other charges applicable (or information where that information may be accessed).
if, to the very best of the rental supplier's understanding, the rental residential or commercial property or common residential or commercial property has been the location of a murder in the last five years.
if the rental residential or commercial property meets the rental minimum standards.
if, in the last 3 years, the rental service provider has received a repair work notice( s) seeking repair of mould or damp associated to the building structure. (This disclosure requirement just starts after 31 December 2021).
the date when an electrical energy security check was last performed at the facilities.
the date when a gas security check was last conduced at the properties.
whether there are any exceptional recommendations from the electrical power and gas security checks.
if the rental residential or commercial property is a heritage noted location.
if, to the best of the rental company's knowledge, the rental residential or commercial property has actually been used for the trafficking or cultivation of a drug of reliance in the last 5 years.
if, to the very best of the rental supplier's understanding, the rental residential or commercial property has asbestos in it.
if, to the very best of the rental supplier's knowledge, the rental residential or commercial property is affected by any building or planning application lodged with an appropriate planning authority.
if the rental facilities undergo a notice, order, declaration, report or recommendation issued by an appropriate structure surveyor, court property surveyor, public authority or government department connecting to any building problems or security concerns connected with the leased facilities or common residential or commercial property. If the response is yes, the rental company must offer a description of the order, notice or report.
if there is an existing domestic structure work dispute under the Domestic Building Contracts Act 1995 connecting to the rental premises.
if there is an existing dispute under Part 10 of the Owners Corporations Act 2006 (a dispute between owners, homeowners and/or the manager) which impacts the rental premises.
whether the rental facility goes through the owners corporation guidelines (the rental company should connect these the guidelines to the application).

Terms that should not remain in your rental contract

A rental service provider or occupant should not prepare or authorise the preparation of a rental arrangement of as much as 5 years that includes a forbidden or invalid term.

List of conditions that will be void

If a rental arrangement includes extra terms aside from the ones in the basic kind rental agreement, these terms might be void if:

- the term has actually been restricted (see listed below).
the term seeks to leave out, limit, or modify or has the effect of leaving out, limiting or modifying the application of the Residential Tenancies Act, consisting of the exercise of any rights under that Act, to the rental contract.

This includes a term that is not set out in the rental arrangement however is discussed in the rental contract.

If you think a void term has been consisted of in your rental agreement, seek recommendations from us. VCAT may state that a term of a rental agreement is invalid.

Note: the requirements connecting to invalid terms do not use to a term of a basic type rental agreement of more than 5 years.

List of conditions that can not be consisted of

Renters can not be needed to:

- get any kind of insurance.
pay extra rent or penalties if they break the guidelines in the contract.
pay for the rental provider or representative to prepare the contract.
pay lease in advance in a manner that requires additional costs (other than bank charges or account fees payable on the occupant's bank account).
use the services of a 3rd party company nominated by the rental supplier other than an ingrained network.
pay for or organise upkeep of safety devices that is the rental company's responsibility.
indemnify the rental provider.

The agreement likewise can not state that:

- lease will be minimized if the renter does not break the guidelines in the agreement.
the renter will be paid rebates or other payments if they do not break the guidelines in the agreement.
the occupant will be bound by a contract that they did not accept in composing after having an opportunity to evaluate it before participating in the rental arrangement.
the renter can not make a claim for settlement due to the fact that the leased facilities are not readily available on the start date of the agreement.
the occupant has to pay the rental provider's costs of submitting an application at VCAT.
the renter has to pay an insurance excess for a rental service provider's policy.
the tenant is accountable by default for an insurance coverage excess to be paid under an insurance plan of the rental service provider (each circumstance has to be considered).
the occupant has to pay a repaired fee for ending a contract early (unless the basis for determining the fixed fees has actually been set out in the agreement)

There is a penalty for including a restricted term in a rental contract.

Minimum requirements for a rental residential or commercial property

Rental service providers should ensure their residential or commercial property is kept according to rental minimum requirements. This of ensuring:

- the residential or commercial property has no mould, bugs or vermin
existing appliances like ovens and ranges remain in working order
there is a safe, working heating system
there is an affordable supply of warm water to the cooking area and bathroom
the residential or commercial property's structure is safe and weatherproof.

If the rental residential or commercial property does not meet the minimum standards, occupants can end the rental agreement before they move in. Renters can also ask for an immediate repair work to make the rental residential or commercial property fulfill the minimum standards at any time after they move in.

Note: this only applies to new rental contracts signed from 29 March 2021. If your rental arrangement was signed before this date, you can find more information on Transition to brand-new leasing laws.

This is not a full list of the minimum requirements. For more details about minimum requirements, see Minimum standards for rental residential or commercial properties.

What rental suppliers must offer tenants

At the start of every rental agreement, the rental company or representative must give renters:

- a copy of the rental agreement if it's in composing
a copy of our Renters assist either as a paper copy or digitally if you have actually consented to get files electronically
a telephone number in case you need immediate repair work done out of business hours
the rental service provider or representative's full name, a postal address for sending them files, and an email address (if they agreed in writing to get notices and other documents electronically).
a set of secrets for each renter who signed the contract.

If renters needed to pay a bond, the rental company must provide:

- 2 copies of the condition report (or one electronic copy).
a bond lodgement type to sign, so the bond money can be lodged with the Residential Tenancies Bond Authority.

If there is an owners' corporation, tenants should be given a copy of their guidelines.

Checklist for signing a rental arrangement

- The agreement is not insufficient or blank.
The bond is not more than one month's lease unless the lease is more than $900 each week.
You are not needed to pay more than one month's lease beforehand (unless you select to or your lease is more than $900 per week).
There is at least one method to pay the rent where you do not have to pay a charge to a third celebration.
Negotiate any additional conditions that you desire in the arrangement (for instance, that the rental provider will change the oven within 6 months).
There is no charge to prepare the rental agreement.