Knowing your Rights when Signing An Arrangement (Lease).

Other pages know about paying the bond and unlawful discrimination.

A rental agreement is an agreement between an occupant and a rental supplier (landlord). Once you have actually signed it, there is no 'cooling off' duration. It is essential to understand what you are agreeing to when you sign a rental contract.

Other pages have info about rooming homes and caravan parks or things you examine when beginning a website arrangement in a property park or village.

Questions tenants can not be asked

A rental supplier is not permitted to ask for specific information from possible occupants:

- whether they have previously taken legal action or had a conflict with a rental supplier

about their bond history
for a complete declaration from a credit or bank account with all the deals (you can erase transactions that you do not feel comfortable revealing).
particular safeguarded attributes described in the Equal Opportunity Act 2010 (e.g. ethnic background). If they do make such as request, they need to supply the reason they are asking for that details in composing.

Report a problem with an advertised rental residential or commercial property

Prospective tenants, property representatives or members of the general public with concerns about a marketed rental residential or commercial property can report an issue to us. Learn more, view Report a problem with a marketed rental residential or commercial property.

Using the correct contract (lease)

You must use the 'prescribed form' when participating in a written rental contract. A proposed form is specified by Victorian rental law.

We suggest utilizing the main kind supplied on our site.

You can find out more about domestic rental agreements, and discover the kinds on that page, before you sign.

Either a rental provider or renter can request that specific conditions be included in a rental contract. For example, a rental service provider might include a condition that says no smoking is allowed inside the residential or commercial property.

A rental service provider or renter can not accept any terms which are inconsistent with the term of the Residential Tenancies Act or the basic rental arrangement. This will be void. For instance, the rental service provider can not consist of a term stating that they will examine the residential or commercial property on a monthly basis.

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

Receiving notifications and other files electronically

Renters and rental companies can agree to receive notifications and other files from each other electronically (normally by means of e-mail). This should be kept in mind in the rental arrangement.

If you consent to get digitally, make certain you supply an e-mail address that you examine frequently.

An occupant can withdraw their approval at any time by informing their rental supplier. We suggest doing this in writing.

If your email address modifications during your rental contract, you should inform the other celebration right away.

Paying lease and costs

Renters need to be offered a minimum of one way to pay rent that does not require them to pay charges. For example, this might be by direct bank transfer or direct debit.

A rental service provider can not require the renter 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.

To find out more, see paying lease and lease ahead of time.

Rental companies can not charge for:

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

Bond amounts

Usually, a rental company can not request a bond that is greater than the quantity of one month's lease. Learn more about bond payments and amounts.

Before you sign

When you make an agreement with someone to rent their residential or commercial property to live in, you are getting in a property rental agreement. This is a legal file, and it can take time to end the agreement, so you need to be positive that the residential or commercial property is best for you.

Before you sign a rental arrangement, the rental service provider must let the tenant understand:

- 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 an agreement of sale.
if a mortgagee is taking action to have the premises, and if so, whether a mortgagee has actually started 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 but they have a right to lease the residential or commercial property out.
if the facilities are provided with electrical energy from an ingrained electrical power network. If so, the rental provider should supply the trading name of the ingrained network, ABN of the embedded network operator, the contact information, and electrical power tariffs and any other costs suitable (or details where that details might be accessed).
if, to the very best of the rental provider's understanding, the rental residential or commercial property or typical residential or commercial property has actually been the area of a murder in the last 5 years.
if the rental residential or commercial property fulfills the rental minimum requirements.
if, in the last three years, the rental service provider has actually received a repair notification( s) seeking repair of mould or damp associated to the building structure. (This disclosure requirement only starts after 31 December 2021).
the date when an electricity safety check was last conducted at the properties.
the date when a gas security check was last conduced at the facilities.
whether there are any exceptional recommendations from the electrical power and gas security checks.
if the rental residential or commercial property is a heritage listed place.
if, to the finest of the rental service provider's knowledge, the rental residential or commercial property has been utilized for the trafficking or cultivation of a drug of dependence in the last 5 years.
if, to the very best of the rental supplier's knowledge, the rental residential or commercial property has asbestos in it.
if, to the very best of the rental supplier's understanding, the rental residential or commercial property is affected by any structure or preparation application lodged with a relevant planning authority.
if the rental premises undergo a notice, order, statement, report or suggestion released by a pertinent building property surveyor, municipal structure surveyor, public authority or government department relating to any building flaws or security concerns associated with the rented properties or common residential or commercial property. If the answer is yes, the rental service provider must offer a description of the order, notification or report.
if there is a present domestic building work disagreement under the Domestic Building Contracts Act 1995 connecting to the rental facilities.
if there is a present dispute under Part 10 of the Owners Corporations Act 2006 (a conflict in between owners, homeowners and/or the supervisor) which impacts the rental premises.
whether the rental premises undergoes the owners corporation rules (the rental supplier must connect these the guidelines to the application form).

Terms that must not remain in your rental agreement

A rental provider or occupant need to not prepare or authorise the preparation of a rental agreement of approximately five years that includes a prohibited or void term.

List of conditions that will be void

If a rental contract consists of additional terms aside from the ones in the standard kind rental arrangement, these terms may be invalid if:

- the term has actually been prohibited (see below).
the term seeks to exclude, limit, or modify or has the impact of omitting, limiting or customizing the application of the Residential Tenancies Act, including the workout of any rights under that Act, to the rental agreement.

This consists of a term that is not set out in the rental arrangement however is discussed in the rental arrangement.

If you believe an invalid term has actually been consisted of in your rental arrangement, look for suggestions from us. VCAT might state that a term of a rental arrangement is invalid.

Note: the requirements relating to invalid terms do not apply to a term of a basic type rental contract of more than five years.

List of conditions that can not be consisted of

Renters can not be required to:

- take out any form of insurance coverage.
pay additional rent or charges if they break the guidelines in the contract.
spend for the rental service provider or agent to prepare the arrangement.
pay lease ahead of time in a method that requires extra expenses (other than bank charges or account fees payable on the tenant's bank account).
use the services of a 3rd party service provider nominated by the rental supplier aside from an ingrained network.
spend for or arrange maintenance of safety equipment that is the rental service provider's duty.
indemnify the rental provider.

The arrangement likewise can not state that:

- lease will be lowered if the occupant does not break the rules in the arrangement.
the renter will be paid rebates or other payments if they do not break the rules in the contract.
the renter will be bound by a contract that they did not agree to in composing after having an opportunity to evaluate it before participating in the rental arrangement.
the occupant can not make a claim for payment since the leased premises are not available on the start date of the arrangement.
the occupant needs to pay the rental company's expenses of filing an application at VCAT.
the renter has to pay an insurance excess for a rental provider's policy.
the tenant is liable by default for an insurance coverage excess to be paid under an insurance coverage policy of the rental provider (each situation needs to be considered).
the renter needs to pay a fixed cost for terminating a contract early (unless the basis for determining the fixed charges has been set out in the arrangement)

There is a penalty for including a prohibited term in a rental agreement.

Minimum standards for a rental residential or commercial property

Rental service providers should make sure their residential or commercial property is maintained according to rental minimum requirements. This includes ensuring:

- the residential or commercial property has no mould, bugs or vermin
existing home appliances like ovens and stoves are in working order
there is a safe, working heater
there is a reasonable 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 satisfy the minimum requirements, occupants can end the rental arrangement before they move in. Renters can also request an immediate repair to make the rental residential or commercial property fulfill the minimum requirements at any time after they move in.

Note: this only uses to new rental agreements signed from 29 March 2021. If your rental contract was signed before this date, you can find more details on Transition to brand-new renting laws.

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

What rental providers must offer renters

At the start of every rental arrangement, the rental provider or representative should offer occupants:

- a copy of the rental agreement if it's in writing
a copy of our Renters guide either as a paper copy or digitally if you have accepted receive documents digitally
a phone number in case you need immediate repair work done out of business hours
the rental supplier or agent's full name, a postal address for sending them documents, and an e-mail address (if they agreed in writing to receive notifications and other files digitally).
a set of secrets for each renter who signed the agreement.

If tenants had to pay a bond, the rental supplier needs to provide:

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

If there is an owners' corporation, renters need to be provided a copy of their guidelines.

Checklist for signing a rental arrangement

- The agreement 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 needed to pay more than one month's rent ahead of time (unless you select to or your rent is more than $900 weekly).
There is at least one way to pay the rent where you do not have to pay a cost to a 3rd party.
Negotiate any extra conditions that you desire in the arrangement (for instance, that the rental company will change the oven within 6 months).
There is no charge to prepare the rental arrangement.