Other pages have info about paying the bond and unlawful discrimination.

A rental agreement is a contract in between a renter and a rental service provider (property owner). Once you have signed it, there is no 'cooling off' period. It is very important to comprehend what you are agreeing to when you sign a rental arrangement.

Other pages have details about rooming homes and caravan parks or things you inspect when starting a website agreement in a property park or village.

Questions tenants can not be asked

A rental provider is not permitted to ask for certain information from prospective renters:

- whether they have formerly taken legal action or had a conflict with a rental company
- about their bond history
- for a complete statement from a credit or savings account with all the deals (you can delete transactions that you don't feel comfortable revealing).
- certain protected attributes detailed in the Level playing field Act 2010 (e.g. ethnicity). If they do make such as demand, they must provide the factor they are asking for that details in writing.

Report a problem with an advertised rental residential or commercial property

Prospective occupants, property agents or members of the public with issues about a marketed rental residential or commercial property can report a concern to us. Find out more, view Report a problem with a marketed rental residential or commercial property.

Using the right arrangement (lease)

You need to utilize the 'prescribed kind' when getting in into a written rental contract. A proposed form is defined by Victorian rental law.

We advise using the official type offered on our website.

You can read more about property rental agreements, and discover the kinds on that page, before you sign.

Either a rental service provider or tenant can request that certain conditions be consisted of in a rental contract. For instance, a rental provider might include a condition that says no smoking cigarettes is permitted inside the residential or commercial property.

A rental provider or renter can not consent to any terms which are inconsistent with the term of the Residential Tenancies Act or the basic rental contract. This will be void. For instance, the rental service provider can not consist of a term saying that they will examine the residential or commercial property every 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 service providers can consent to get notifications and other files from each other digitally (normally through e-mail). This should be kept in mind in the rental arrangement.

If you consent to get notices digitally, make sure you offer an e-mail address that you examine routinely.

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

If your e-mail address changes throughout your rental arrangement, you must tell the other party immediately.

Paying rent and charges

Renters must be provided at least one way to pay lease that does not need them to pay charges. For example, this may be by direct bank transfer or direct debit.

A rental provider can not need the tenant to pay more than one month's rent in advance unless the weekly lease is more than $900. If you want to pay more, you can.

For more details, see paying rent and lease beforehand.

Rental companies 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 request a bond that is greater than the amount of one month's rent. Discover more about bond payments and amounts.

Before you sign

When you make an arrangement with somebody to lease their residential or commercial property to live in, you are going into a domestic rental arrangement. This is a legal file, and it can take some time to end the arrangement, so you require to be positive that the residential or commercial property is ideal for you.

Before you sign a rental arrangement, the rental company needs to let the tenant know:

- if they mean to sell the facilities, and if so, whether they have engaged an agent to sell the residential or commercial property, or if there is a contract of sale.
- if a mortgagee is acting to have the premises, and if so, whether a mortgagee has commenced procedures 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 premises are supplied with electricity from an ingrained electricity network. If so, the rental supplier should supply the trading name of the ingrained network, ABN of the embedded network operator, the contact details, and electrical power tariffs and any other costs relevant (or details where that information may be accessed).
- if, to the finest of the rental company's understanding, the rental residential or commercial property or typical residential or commercial property has actually been the location of a homicide in the last five years.
- if the rental residential or commercial property meets the rental minimum standards.
- if, in the last three years, the rental provider has actually gotten a repair notice( 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 electrical power safety check was last performed at the facilities.
- the date when a gas security check was last conduced at the premises.
- whether there are any exceptional suggestions from the electrical energy and gas safety checks.
- if the rental residential or commercial property is a heritage noted place.
- if, to the very best of the rental provider's knowledge, the rental residential or commercial property has actually been used for the trafficking or growing of a drug of dependence in the last five years.
- if, to the very best of the rental provider's understanding, the rental residential or commercial property has asbestos in it.
- if, to the finest of the rental provider's understanding, the rental residential or commercial property is affected by any building or preparation application lodged with an appropriate planning authority.
- if the rental premises are subject to a notification, order, declaration, report or suggestion issued by a pertinent structure surveyor, local structure property surveyor, public authority or government department relating to any structure defects or safety concerns related to the leased facilities or common residential or commercial property. If the response is yes, the rental supplier needs to provide a description of the order, notification or report.
- if there is an existing domestic structure work disagreement under the Domestic Building Contracts Act 1995 relating to the rental properties.
- if there is a present dispute under Part 10 of the Owners Corporations Act 2006 (a disagreement in between owners, locals and/or the supervisor) which affects the rental premises.
- whether the rental property goes through the owners corporation rules (the leasing supplier need to connect these the rules to the application).

Terms that need to not remain in your rental agreement

A rental supplier or occupant must not prepare or authorise the preparation of a rental agreement of up to five years which consists of a prohibited or void term.

List of conditions that will be void

If a rental contract contains additional terms aside from the ones in the basic kind rental agreement, these terms may be void if:

- the term has been prohibited (see listed below).
- the term seeks to exclude, restrict, or modify or has the result of excluding, restricting or customizing the application of the Residential Tenancies Act, consisting of the workout of any rights under that Act, to the rental agreement.

This includes a term that is not set out in the rental agreement however is mentioned in the rental agreement.

If you believe a void term has actually been included in your rental contract, consult from us. VCAT may declare that a regard to a rental arrangement is void.

Note: the requirements connecting to void terms do not apply to a regard to a basic type rental contract of more than 5 years.

List of conditions that can not be included

Renters can not be needed to:

- get any form of insurance coverage.
- pay additional lease or penalties if they break the rules in the arrangement.
- spend for the rental company or representative to prepare the arrangement.
- pay lease in advance in such a way that requires additional expenses (aside from bank fees or account charges payable on the renter's savings account).
- use the services of a 3rd celebration company chosen by the rental company besides an ingrained network.
- pay for or arrange maintenance of safety devices that is the rental supplier's duty.
- indemnify the rental supplier.

The agreement likewise can not say that:

- lease will be minimized if the tenant does not break the rules in the agreement.
- the tenant will be paid rebates or other payments if they do not break the rules in the arrangement.
- the tenant will be bound by a contract that they did not consent to in writing after having an opportunity to evaluate it before getting in into the rental arrangement.
- the renter can not make a claim for payment because the rented facilities are not available on the start date of the agreement.
- the occupant needs to pay the rental company's costs of filing an application at VCAT.
- the occupant has to pay an insurance coverage 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 supplier (each situation needs to be thought about).
- the tenant needs to pay a fixed charge for ending a contract early (unless the basis for calculating the repaired charges has actually been set out in the agreement)

There is a charge for consisting of a restricted term in a rental arrangement.

Minimum standards for a rental residential or commercial property

Rental providers must ensure their residential or commercial property is maintained according to rental minimum standards. This includes making sure:

- the residential or commercial property has no mould, pests or vermin
- existing appliances like ovens and ranges remain in working order
- there is a safe, working heating unit
- there is a sensible supply of hot water to the bathroom and kitchen
- the residential or commercial property's structure is safe and weatherproof.

If the rental residential or commercial property does not meet the minimum requirements, tenants can end the rental agreement before they relocate. Renters can also request an urgent repair work to make the rental residential or commercial property fulfill the minimum requirements at any time after they move in.

Note: this only applies to new rental arrangements signed from 29 March 2021. If your rental contract was signed before this date, you can discover more details on Transition to new renting laws.

This is not a complete list of the minimum standards. To learn more about minimum requirements, see Minimum requirements for rental residential or commercial properties.

What rental suppliers should provide occupants

At the start of every rental contract, the rental service provider or representative need to provide occupants:

- a copy of the rental contract if it's in writing
- a copy of our Renters guide either as a paper copy or digitally if you have actually agreed to receive files electronically
- a contact number in case you require urgent repair work done out of company hours
- the rental service provider or representative's full name, a postal address for sending them files, and an email address (if they concurred in writing to receive notices and other files electronically).
- a set of keys for each renter who signed the arrangement.

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

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

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

Checklist for signing a rental agreement

- The agreement is not insufficient or blank.
- The bond is not more than one month's lease unless the lease is more than $900 weekly.
- You are not needed to pay more than one month's rent beforehand (unless you choose to or your rent is more than $900 each week).
- 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 agreement (for example, that the rental service provider will change the oven within 6 months).
- There is no charge to prepare the rental agreement.