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Opened Nov 05, 2025 by Alecia Serrato@aleciaserrato7
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Knowing your Rights when Signing a Contract (Lease).


Other pages know about paying the bond and illegal discrimination.

A rental contract is a contract in between an occupant and a rental company (landlord). Once you have actually signed it, there is no 'cooling off' period. It is very important to understand what you are consenting to when you sign a rental contract.

Other pages know about rooming houses and caravan parks or things you inspect when beginning a website agreement in a domestic park or town.

Questions occupants can not be asked

A rental supplier is not permitted to request particular information from possible renters:

- whether they have actually previously taken legal action or had a dispute with a rental company

  • about their bond history
  • for a full statement from a credit or savings account with all the deals (you can erase deals that you don't feel comfortable showing).
  • certain secured qualities described in the Level playing field Act 2010 (e.g. ethnic culture). If they do make such as request, they must provide the reason they are requesting that details in composing.

    Report a concern with a marketed rental residential or commercial property

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

    Using the right agreement (lease)

    You need to use the 'proposed form' when participating in a written rental agreement. A proposed form is specified by Victorian rental law.

    We advise utilizing the official kind provided on our site.

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

    Either a rental company or renter can ask for that specific conditions be consisted of in a rental contract. For example, a rental provider might consist of a condition that states no cigarette smoking is permitted inside the residential or commercial property.

    A rental company or tenant can not accept any terms which are inconsistent with the term of the Residential Tenancies Act or the standard rental arrangement. This will be invalid. For example, the rental supplier can not include a term stating that they will inspect the residential or commercial property on a monthly basis.

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

    Receiving notifications and other files digitally

    Renters and rental companies can consent to get notices and other files from each other digitally (generally through email). This ought to be noted in the rental arrangement.

    If you grant get notifications digitally, make sure you provide an email address that you examine frequently.

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

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

    Paying lease and charges

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

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

    For more details, see paying rent and lease ahead of time.

    Rental suppliers can not charge for:

    - the expenses of preparing the arrangement.
  • a set of all home secrets for each renter on the contract.

    Bond amounts

    Usually, a rental service provider can not request for a bond that is greater than the quantity of one month's rent. Discover more about bond payments and quantities.

    Before you sign

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

    Before you sign a rental agreement, the rental company must let the renter know:

    - if they plan to sell the properties, 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 possess the premises, and if so, whether a mortgagee has actually commenced 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 however they have a right to rent the residential or commercial property out.
  • if the premises are supplied with electricity from an embedded electrical energy network. If so, the rental provider must offer the trading name of the ingrained network, ABN of the embedded network operator, the contact details, and electrical energy tariffs and any other costs suitable (or information where that info might be accessed).
  • if, to the finest of the rental supplier's knowledge, the rental residential or commercial property or typical residential or commercial property has been the place of a murder in the last five years.
  • if the rental residential or commercial property meets the rental minimum requirements.
  • if, in the last three years, the rental provider has gotten a repair notice( 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 energy security check was last carried out at the premises.
  • the date when a gas security check was last conduced at the properties.
  • whether there are any exceptional suggestions from the electrical energy and gas security checks.
  • if the rental residential or commercial property is a heritage noted place.
  • if, to the very best of the rental provider's understanding, the rental residential or commercial property has actually 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 provider's knowledge, the rental residential or commercial property has asbestos in it.
  • if, to the finest of the rental service provider's knowledge, the rental residential or commercial property is impacted by any building or preparation application lodged with an appropriate preparation authority.
  • if the rental premises undergo a notification, order, statement, report or suggestion released by a relevant structure surveyor, court surveyor, public authority or federal government department connecting to any structure problems or safety issues connected with the leased properties or typical residential or commercial property. If the answer is yes, the rental service provider needs to supply a description of the order, notice or report.
  • if there is a present domestic structure work disagreement under the Domestic Building Contracts Act 1995 connecting to the rental facilities.
  • if there is a current disagreement under Part 10 of the Owners Corporations Act 2006 (a disagreement in between owners, locals and/or the manager) which impacts the rental premises.
  • whether the rental premises goes through the owners corporation guidelines (the rental company need to these the guidelines to the application form).

    Terms that need to not be in your rental contract

    A rental service provider or tenant need to not prepare or authorise the preparation of a rental agreement of as much as 5 years which consists of a restricted or void term.

    List of conditions that will be void

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

    - the term has been prohibited (see listed below).
  • the term looks for to exclude, restrict, or customize or has the impact of excluding, restricting or modifying 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 pointed out in the rental agreement.

    If you think a void term has actually been consisted of in your rental arrangement, consult from us. VCAT may declare that a term of a rental contract is invalid.

    Note: the requirements relating to void terms do not use to a regard to a standard form rental arrangement of more than five years.

    List of conditions that can not be included

    Renters can not be needed to:

    - secure any form of insurance coverage.
  • pay extra lease or penalties if they break the rules in the arrangement.
  • spend for the rental service provider or representative to prepare the agreement.
  • pay lease beforehand in a way that needs extra expenses (aside from bank charges or account costs payable on the tenant's savings account).
  • utilize the services of a 3rd party service provider nominated by the rental service provider other than an ingrained network.
  • pay for or organise upkeep of security equipment that is the rental supplier's responsibility.
  • indemnify the rental service provider.

    The agreement also can not state that:

    - lease will be reduced if the tenant does not break the guidelines in the arrangement.
  • the occupant will be paid rebates 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 accept in writing after having a chance to review it before getting in into the rental agreement.
  • the renter can not make a claim for compensation due to the fact that the leased premises are not offered on the start date of the agreement.
  • the occupant has to pay the rental company's costs of submitting an application at VCAT.
  • the occupant has to pay an insurance excess for a rental service provider's policy.
  • the tenant is accountable by default for an insurance excess to be paid under an insurance plan of the rental supplier (each scenario needs to be thought about).
  • the tenant has to pay a fixed cost for ending a contract early (unless the basis for determining the repaired charges has been set out in the agreement)

    There is a charge for including a forbidden term in a rental agreement.

    Minimum requirements for a rental residential or commercial property

    Rental suppliers must make certain their residential or commercial property is kept according to rental minimum requirements. This includes making sure:

    - the residential or commercial property has no mould, bugs or vermin
  • existing devices like ovens and stoves are in working order
  • there is a safe, working heating unit
  • there is a reasonable supply of warm 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 standards, renters can end the rental agreement before they relocate. Renters can likewise request an immediate repair to make the rental residential or commercial property fulfill the minimum standards at any time after they relocate.

    Note: this just uses to brand-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 brand-new renting laws.

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

    What rental suppliers need to offer renters

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

    - a copy of the rental agreement if it remains in composing
  • a copy of our Renters assist either as a paper copy or digitally if you have consented to receive files digitally
  • a telephone number in case you need immediate repairs done out of organization hours
  • the rental company or representative's full name, a postal address for sending them documents, and an e-mail address (if they concurred in writing to get notifications and other documents electronically).
  • a set of secrets for each occupant who signed the agreement.

    If tenants needed to pay a bond, the rental provider should 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, tenants must be provided a copy of their rules.

    Checklist for signing a rental arrangement

    - The contract is not insufficient or blank.
  • The bond is not more than one month's lease unless the lease is more than $900 per week.
  • You are not required to pay more than one month's rent in advance (unless you pick to or your rent is more than $900 each week).
  • There is at least one way to pay the lease where you do not need to pay a charge to a 3rd party.
  • Negotiate any extra conditions that you want in the contract (for example, that the rental service provider will replace the oven within 6 months).
  • There is no charge to prepare the rental agreement.

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Reference: aleciaserrato7/horizonstays#4