Landlord & Tenant Information

When renting a house, apartment or unit, it is important to understand the rules and regulations that govern the real estate and renting industry. Whether renting as a tenant or leasing as a landlord, you must be aware of such issues as lease agreements, rental bonds, inspections, residential contracts, the body corporate, repairs and maintenance.

Tips for Tenants

Before you decide to rent

By law, tenants' responsibilities include:

• paying the rent on time
• keeping the premises clean
• not damaging the property

Landlords' responsibilities include:

• ensuring the property is clean when tenants move in
• keeping the property in good repair
• ensuring tenants are not unnecessarily disturbed

You should inspect the rental property before you sign any agreement. Check that everything works properly, including:

• oven
• plumbing
• lights
• heating
• security systems
• door and window locks

Residential Tenancy Application

You may be asked to fill in a Residential Tenancy Application form to help the landlord check your references and credit history. It is against the law to choose tenants based on their marital status, sex, race, sexual orientation, disability, religious or political beliefs, or whether they have children. Giving as much information as you can increases your chances of success, but make sure the form includes a privacy statement about how your information will be used. Beware of paying a holding deposit-it may not guarantee you will get the place, but it may commit you to a lease.

Residential Tenancy Agreement

Before you move into a rental property, you may be asked to sign a Residential Tenancy Agreement or lease. This is a legal contract between you and the landlord that sets out the terms and conditions of your stay in the property.

The agreement should include:

• location of the property
• total rent amount
• amount of money required as a bond
• start and end date of the agreed term of tenancy
• landlord's name

Read it through before you sign it and ask for help if you're not sure about anything. Never sign a blank form.

Bond

You will usually be asked to pay a refundable bond before moving into the property. This is normally equal to one month's rent and cannot be increased once you have signed an agreement. You pay the money to the landlord or their agent, who then lodges it with the Residential Tenancies Bond Authority (RTBA). When you pay the bond you must sign a Bond Lodgment form, so the RTBA knows it is holding your money and can send you a receipt. If you don't get this receipt within 14 days contact the RTBA. You must be given a copy of the Bond Lodgement form to keep, so that you can get your bond back when you leave the property. Make sure you also get a receipt from the landlord if you pay the bond in cash. When your lease ends, you and the landlord can sign a Bond Claim form and the RTBA will refund the bond. If the property has been damaged or there is rent owing, the landlord may want to claim from the bond. If you agree, you can sign the Bond Claim form specifying the amount to be paid. If you do not agree, don't sign the Bond Claim form. Either you or the landlord will have to apply to the Residential Tenancies List of the Victorian Civil & Administrative Tribunal (VCAT) to decide what happens to the bond.

Working out the costs

New tenants may also be asked to pay rent in advance, usually one month, as well as the bond. Make sure you get a receipt. You will need to contact the appropriate companies to make sure utilities such as water, gas, electricity and telephone are connected and to put accounts in you name. Some utility companies charge connection fees; check who is responsible- you or the landlord. It is worth considering contents insurance, to cover your personal possessions in case of damage or theft. You may need to negotiate with the landlord if extra security is needed.

Condition report

If you have paid a bond, the landlord must give you two copies of the Condition Report before you move in. This is a written document detailing the state of the property, according to the landlord. It is really important to check the report accurately reflects the condition of the property and write down any changes you think should be made on the report. You keep one copy of the report and return the other copy to the landlord no later than three days after you move into the property. When you move out, the report will be used to judge whether there is any damage to the property, apart from normal wear and tear. This may affect whether you are entitled to a full refund of your bond.

Privacy

You are entitled to quiet enjoyment of the property you rent. Usually, landlords or agents may only enter the property with your permission. In certain circumstances (such as making repairs), they can enter, but must give you 24 hours written notice.

Where to get help

For more detailed information, get a copy of Renting a Home: a Guide for Tenants and Landlords. Landlords or their agents must give everyone who rents a home from them a copy of the guide. Copies are available from Consumer Affairs Victoria or our website on www.consumer.vic.gov.au.

OVERVIEW . . .

At the beginning of a tenancy

• Seek professional advice if any tenancy issue is unclear.
• Read and sign the 'Residential Tenancy Agreement' and keep a copy.
• Thoroughly check that the premises are completely safe.
• If paying a bond, complete and sign the 'Condition Report' and keep a copy.
• Pay the bond to the landlord or agent.
• Complete and sign the 'Bond Lodgment' form and keep a copy.
• Keep the RTBA receipt which assists in reclaiming the bond.
• Comply with all parts of the 'Residential Tenancy Agreement'.
• Comply with all regulations connected with the Residential Tenancies Act 1997.
• Check responsibilities regarding the cost of water usage and sewerage disposal.
• To rectify any situation, it is best to contact your landlord or agent before taking further action.

At the end of a tenancy

• Give the correct amount of notice when planning to leave.
• Pay the final rent.
• Contact utility providers to get the telephone, gas, water and electricity disconnected and pay the final bills.
• Leave the premises in good order and in the condition in which you found them, fair wear and tear excepted.
• Take all your belongings with you.
• Keep the 'Condition Report' in case any disputes arise.
• If you have paid a bond, reach agreement with the landlord or agent regarding the return of the bond.
• Complete and sign the 'Bond Claim' form, stating any agreed division of the bond money and keep a copy.
• Make sure the completed 'Bond Claim' form is sent to the RTBA.
• Confirm with your financial institution that the RTBA has credited the bond money to your account.
• Leave a forwarding address with your agent, the RTBA (on the 'Bond Claim' form) and Australia Post.

Tips for Landlords

At the beginning of a tenancy

• Read and sign the 'Residential Tenancy Agreement', give the tenant a copy and keep a copy.
• Give the tenant a copy of this guide on renting premises in Victoria.
• Thoroughly check that the premises are completely safe.
• If taking a bond, complete and sign the 'Condition Report', give the tenant a copy and keep a copy.
• Complete and sign the 'Bond Lodgment' form and give the tenant their copy.
• Forward the bond money and the RTBA's copy of the 'Bond Lodgment' form to the RTBA.
• Ensure the RTBA receipt is received and keep a copy.
• Comply with all parts of the 'Residential Tenancy Agreement'.
• Comply with all regulations connected with the Residential Tenancies Act 1997.
• To rectify any situation, it is best to contact your tenant before taking further action.

At the end of a tenancy

• Keep the 'Condition Report' in case any disputes arise.
• If you took a bond, reach agreement with the tenant regarding the bond money.
• Complete and sign the 'Bond Claim' form and make sure all the tenants sign it, and give the tenants their copy.
• Keep your copy of the 'Bond Claim' form.
• Ensure the completed 'Bond Claim' form is sent to the RTBA.
• Apply to VCAT within 10 business days if no agreement on the bond is reached.
• Comply with the Residential Tenancies Act 1997 regarding the tenant's belongings and personal documents.

For advice and information on consumer and residential tenancy matters:

Consumer Affairs Victoria
Victorian Consumer & Business Centre
113 Exhibition Street, Melbourne Victoria 3000
Phone: 1300 55 81 81 (local call charge)
Fax: (03) 8684 6001
Email: consumer@justice.vic.gov.au
Website: www.consumer.vic.gov.au

USEFUL CONTACTS

Residential Tenancies Bond Authority (RTBA)

The RTBA holds all residential tenancy bonds in a neutral capacity as a trustee for landlords and tenants. The RTBA can only repay bonds as agreed by the landlord and tenant or as directed by the Victorian Civil & Administrative Tribunal or a court.

Postal Address

Residential Tenancies Bond Authority
Locked Bag No. 3040
GPO Melbourne Vic 3001
Phone: 1300 13 71 64 (local call charge)
Fax: (03) 8684 6299
Email: rtba@justice.vic.gov.au
Website: www.rtba.vic.gov.au

Victorian Civil & Administrative Tribunal (VCAT)

VCAT operates independently of Consumer Affairs Victoria. It is similar to a court but not as formal, and deals with issues in many areas, including disputes arising from the Residential Tenancies Act 1997.

VCAT
55 King Street
Melbourne, Victoria 3000
Postal Address
GPO Box 5408cc
Melbourne, Victoria 3001
Phone: (03) 9628 9800; Free call 1800 13 30 55
Fax: (03) 9628 9822
Email: vcat@vcat.vic.gov.au
Website: www.vcat.vic.gov.au

Equal Opportunity Commission Victoria (EOCV)

EOCV provides information and advice about equal opportunity rights and responsibilities and helps people resolve complaints of unlawful discrimination or harassment through its impartial, confidential and free conciliation service.

EOCV
3/380 Lonsdale Street
Melbourne, Victoria 3000
Phone:
Advice Line (03) 9281 7100
Free call (country callers) 1800 13 41 42
TTY (03) 9281 7110
Fax: (03) 9281 7171
Email: eoc@vicnet.net.au
Website: www.eoc.vic.gov.au

Office of Housing

The Office of Housing is a division of the Department of Human Services. The Office of Housing provides a range of housing services including the Bond Loan Scheme and public rental housing to eligible residents of Victoria. For further information on assistance provided by the Office of Housing and application forms for the Bond Loan Scheme, contact your closest Housing Office (listed in the White Pages A-K under Human Services, Housing Services) or visit their website at:

www.dhs.vic.gov.au/housing

The Real Estate Institute of Victoria (REIV)

The REIV is the peak industry association representing Victoria's real estate agents.

REIV
335 Camberwell Road
Camberwell, Victoria 3124
Information service
Phone: 1900 937 348 (charges for the use of this service will apply)
Fax: (03) 9205 6699
Email: reiv@reiv.com.au
Website: www.reiv.com.au