When you rent a place from a rental provider or real estate agent (sometimes known as a landlord), it’s important to remember that, as a renter (sometimes known as a tenant), you have rights.
Understanding what they are, and when to use them, will help you deal with any problems you have during tenancy (time you rent there).
Here’s what you need to know.
Signing a rental lease
A lease is a legal agreement between the rental provider and you, the renter.
A real estate agent is paid by a rental provider to manage their property.
A lease includes things like how long you can rent the property, how much rent you pay, and whether pets are allowed.
The lease isn’t just for the rental provider – it’s also to make sure you know and understand the conditions of your tenancy.
It's important to read the lease carefully before you sign it to make sure you understand and agree with all its terms (rules).
Never sign a blank lease, and make sure it is filled in correctly before you sign. Once you sign a lease you are bound to its terms - unless it has things in it that are unlawful.
For example, if there was a condition (rule) that says you have to pay for things that the Residential Tenancies Act considers to be ‘fair wear and tear,’ then the condition could be considered invalid.
If you're not sure about what your lease means, or you feel uneasy about signing it, you can contact Tenants Victoria or Consumer Affairs Victoria for information and help.
When you sign a lease, make sure the rental provider gives you a booklet called the Renters Guide. This guide outlines your rights and responsibilities as a renter and the rights and duties of the person you are renting from.
Paying rent
Your lease should have specific instructions about how much rent you have to pay and how often to pay it.
Rent can be paid in person or direct debit. If you have to pay by direct debit, they have to let you know before you sign your lease.
Once you've signed the lease you are responsible for paying rent on time. You can't stop paying rent until your lease has officially ended.
If you pay your rent by cash, getting a receipt is a good idea. Keep the receipts as it proves you've paid, and on time.
If you’re paying by direct debit or bank transfer, your bank statements will show your payments to the rental provider or real estate agent.
Paying rent late
Sometimes you might not be able to pay your rent on time. If this happens the first thing you should do is contact your rental provider or real estate agent and ask if you can arrange for a later payment.
If your rent is 14 days late or later, your rental provider is legally allowed to ask you to move out by giving you a legal letter called a ‘notice to vacate'.
You don't have to move out if you get a notice to vacate. You can challenge their claim if you want to by applying to VCAT.
It's illegal for a rental provider to physically make you move out of your rental property - only the police can do that, and only after a series of legal steps have been taken.
Consumer Affairs has more information on late or unpaid rent.
Property damage and maintenance
In most cases, you are responsible for any damage done to the property during the time of the lease.
Your rental provider is responsible for maintaining the property. This includes things like repairing a leaky roof or broken heater.
Tenants Victoria provides information covering everything from repairs to breaking a lease.
Read the inspection report
When you first move in, the property manager will provide you with a checklist of each room. This allows you to walk through the property and record any damage you notice.
The property manager will also have the list they completed. But they may have missed something so make sure you ask to see their copy and check it’s the same as yours. This will make sure you don’t get charged for anything that wasn’t your fault at the end of the lease.
You don’t want to be responsible for any damage caused by other renters or issues that were in the property before you moved in.
You can also ask the real estate agent to do a walkthrough of the property with you before you sign the lease. Take photos or make notes if needed and send it with the completed report to the property manager. Also keep it for your records.
They will often ask for this to be returned within the first few days of you moving into the property.
Discrimination by rental providers
It is against the law for you to be refused accommodation or treated unfairly by your rental provider or real estate agent because of your age, race, religion, sex, marital status, impairment, sexual preference political beliefs, or because you have children.
In Victoria, the law protects you against these kinds of discrimination.
Tenants Victoria has more information on what you can do if you feel discriminated against by your rental provider or real estate agent.
Getting help
- Tenants Victoria offers free and confidential advice, help and advocacy for tenants and residents in private rental, public housing, caravan parks and rooming houses.
Consumer Affairs Victoria’s Renters Guide has everything you need to know as a renter.
