Other pages know about paying the bond and unlawful discrimination.

A rental arrangement is an agreement in between an occupant and a rental service provider (landlord). Once you have actually signed it, there is no 'cooling off' period. It is crucial to understand what you are concurring to when you sign a rental contract.

Other pages know about rooming houses and caravan parks or things you examine when beginning a website contract in a residential park or town.

Questions renters can not be asked

A rental provider is not allowed to request for certain information from possible tenants:

- whether they have formerly taken legal action or had a dispute with a rental supplier
- about their bond history
- for a full declaration from a credit or bank account with all the deals (you can erase transactions that you don't feel comfy revealing).
- certain safeguarded attributes laid out in the Equal Opportunity Act 2010 (e.g. ethnic culture). If they do make such as demand, they should supply the reason they are asking for that info in writing.

Report an issue with an advertised rental residential or commercial property

Prospective tenants, property agents or members of the public with concerns about an advertised rental residential or commercial property can report an issue to us. Find out more, view Report an issue with an advertised rental residential or commercial property.

Using the correct agreement (lease)

You must use the 'proposed form' when entering into a written rental contract. A prescribed kind is defined by Victorian rental law.

We advise using the main kind provided on our website.

You can learn more about domestic rental contracts, and discover the forms on that page, before you sign.

Either a rental company or occupant can request that specific conditions be included in a rental contract. For instance, a rental company might consist of a condition that says no 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 instance, the rental company can not consist of a term stating that they will inspect the residential or commercial property every month.

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

Receiving notices and other documents electronically

Renters and rental companies can accept get notifications and other documents from each other electronically (usually through email). This need to be kept in mind in the rental arrangement.

If you grant get notifications digitally, make certain you provide an e-mail address that you examine routinely.

A tenant can withdraw their permission at any time by informing their rental service provider. We suggest doing this in composing.

If your email address modifications during your rental arrangement, you must inform the other celebration immediately.

Paying lease and fees

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

A rental provider can not require the renter to pay more than one month's lease ahead of time unless the weekly lease is more than $900. If you wish to pay more, you can.

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

Rental service providers can not charge for:

- the costs of preparing the agreement.
- a set of all home secrets for each renter on the arrangement.

Bond amounts

Usually, a rental service provider can not ask for a bond that is greater than the amount of one month's lease. Learn more about bond payments and amounts.

Before you sign

When you make a contract with someone to rent their residential or commercial property to live in, you are going into a residential rental arrangement. 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 best for you.

Before you sign a rental agreement, the rental provider needs to let the renter understand:

- if they intend to offer the properties, and if so, whether they have actually engaged an agent to offer the residential or commercial property, or if there is a contract of sale.
- if a mortgagee is acting to have the properties, and if so, whether a mortgagee has begun proceedings to implement 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 rent the residential or commercial property out.
- if the properties are provided with electricity from an ingrained electrical power network. If so, the rental provider needs to offer the trading name of the embedded network, ABN of the embedded network operator, the contact details, and electricity tariffs and any other fees applicable (or details where that details may be accessed).
- if, to the best of the rental provider's understanding, the rental residential or commercial property or common residential or commercial property has been the area of a homicide in the last 5 years.
- if the rental residential or commercial property fulfills the rental minimum standards.
- if, in the last 3 years, the rental service provider has actually gotten a repair work notification( s) looking for repair work of mould or damp related to the building structure. (This disclosure requirement only begins after 31 December 2021).
- the date when an electrical power safety check was last carried out 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 very best of the rental provider's knowledge, the rental residential or commercial property has been utilized 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 company's understanding, the rental residential or commercial property is impacted by any building or planning application lodged with a relevant preparation authority.
- if the rental facilities are subject to a notification, order, statement, report or suggestion issued by an appropriate structure surveyor, court surveyor, public authority or federal government department connecting to any structure defects or security concerns connected with the rented facilities or typical residential or commercial property. If the answer is yes, the rental supplier should offer a description of the order, notice or report.
- if there is a present domestic structure work dispute under the Domestic Building Contracts Act 1995 associating with the rental premises.
- if there is a present disagreement under Part 10 of the Owners Corporations Act 2006 (a conflict between owners, homeowners and/or the supervisor) which impacts the rental facilities.
- whether the rental premises goes through the owners corporation rules (the rental supplier need to attach these the guidelines to the application type).

Terms that ought to not remain in your rental arrangement

A rental supplier or tenant must not prepare or authorise the preparation of a rental arrangement of approximately 5 years that includes a prohibited or invalid term.

List of conditions that will be void

If a rental agreement consists of extra terms aside from the ones in the basic form rental agreement, these terms may be invalid if:

- the term has actually been forbidden (see listed below).
- the term seeks to exclude, restrict, or customize or has the impact of leaving out, restricting or customizing the application of the Residential Tenancies Act, consisting of the workout of any rights under that Act, to the rental arrangement.

This includes a term that is not set out in the rental arrangement but is discussed in the rental agreement.

If you believe a void term has been consisted of in your rental agreement, consult from us. VCAT might declare that a regard to a rental agreement is invalid.

Note: the requirements connecting to void terms do not apply to a term of a standard kind rental agreement of more than five years.

List of conditions that can not be consisted of

Renters can not be required to:

- get any form of insurance.
- pay extra lease or penalties if they break the guidelines in the arrangement.
- spend for the rental service provider or representative to prepare the agreement.
- pay lease ahead of time in such a way that needs additional expenses (aside from bank fees or account charges payable on the renter's bank account).
- utilize the services of a 3rd celebration company nominated by the rental company besides an embedded network.
- pay for or organise upkeep of safety equipment that is the rental supplier's obligation.
- indemnify the rental company.

The arrangement likewise can not say that:

- lease will be reduced if the tenant does not break the rules in the arrangement.
- the occupant will be paid rebates or other payments if they do not break the guidelines in the agreement.
- the tenant will be bound by a contract that they did not consent to in writing after having a chance to evaluate it before participating in the rental arrangement.
- the occupant can not make a claim for settlement because the leased properties are not offered on the start date of the contract.
- the occupant has to pay the rental provider's expenses of submitting an application at VCAT.
- the renter has to pay an insurance excess for a rental service provider's policy.
- the occupant is liable by default for an insurance coverage excess to be paid under an insurance coverage policy of the rental supplier (each situation has to be thought about).
- the occupant needs to pay a fixed charge for terminating an arrangement early (unless the basis for calculating the repaired fees has actually been set out in the arrangement)

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

Minimum standards for a rental residential or commercial property

Rental companies need to make sure their residential or commercial property is kept according to rental minimum requirements. This consists of making sure:

- the residential or commercial property has no mould, bugs or vermin
- existing appliances like ovens and stoves are in working order
- there is a safe, working heater
- there is a sensible supply of warm water to the kitchen 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 agreement before they relocate. Renters can also ask for an urgent repair work to make the rental residential or commercial property meet the minimum requirements at any time after they relocate.

Note: this just uses to brand-new rental agreements signed from 29 March 2021. If your rental agreement was signed before this date, you can find more information on Transition to new leasing laws.

This is not a full list of the minimum standards. To find out more about minimum standards, see Minimum standards for rental residential or commercial properties.

What rental companies need to provide renters

At the start of every rental contract, the rental supplier or agent must offer tenants:

- a copy of the rental agreement if it remains in composing
- a copy of our Renters guide either as a paper copy or digitally if you have actually consented to get documents digitally
- a contact number in case you require urgent repairs done out of business hours
- the rental company or agent's complete name, a postal address for sending them documents, and an e-mail address (if they concurred in writing to receive notices and other files digitally).
- a set of keys for each occupant who signed the agreement.

If tenants needed to pay a bond, the rental service provider should provide them:

- two copies of the condition report (or one electronic copy).
- a bond lodgement kind 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 rules.

Checklist for signing a rental contract

- The agreement is not insufficient or blank.
- The bond is not more than one month's rent unless the lease is more than $900 per week.
- You are not needed to pay more than one month's rent ahead of time (unless you choose to or your lease is more than $900 each week).
- There is at least one method to pay the rent where you do not need to pay a cost to a 3rd party.
- Negotiate any additional 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 contract.