Sometimes things go wrong between renters (otherwise known as tenants) and rental providers (otherwise known as landlords). When that happens, there are a few things you can do to sort things out.
Try to talk it over
If you're having problems with or concerns about your rental provider or property manager, the first thing you should do is contact them to discuss things. Don't rely on verbal agreements, though.
Put it in writing
If you're happy with how your discussion went, follow it up with a letter or email that summarises the situation and outlines the agreement you came to.
If you're unhappy with how your discussion went, follow it up with a letter or email that summarises the situation and explains what you want your landlord to do.
Make sure you keep a copy of all your letters and emails, so you can use them as evidence if you need to. Hang onto any photo evidence you might have too. In many cases, the more evidence that you collect, the better your chances are of finding a solution.
Dispute resolution service
If you're unable to resolve the problem yourself, in certain circumstances Consumer Affairs Victoria (CAV) can provide a dispute resolution service that offers support to renters. You can also call CAV to discuss your situation on 1300 558 181.
Remember that it's important to have proof that you approached your real estate agent or rental provider about the problem before you use this service.
Take it to VCAT
If the problem can't be resolved through either personal negotiations or help from CAV, you can apply to have your dispute ruled on by the Victorian Civil and Administrative Tribunal (VCAT).
The VCAT renting a home page has heaps of information about how to lodge an application, how much it costs, and what happens at a hearing.
Notice to vacate or eviction
A 'notice to vacate' is a letter from your rental provider or property manager asking you to leave the property either immediately or within a set period of time. You might receive a notice to vacate for any of the following reasons:
- rent being 14 days late (or later)
- deliberate damage to the property
- bringing in new renters without permission.
If you receive a notice to vacate, you can challenge it. It is illegal for a landlord to force you to leave their property. Only the police can make you leave, and only after a series of legal steps have been taken.
For more information about what to do if you get a notice to vacate, check out Tenants Victoria notice to vacate and eviction pages.
Links
Tenants Victoria
For residential tenants living in Victoria who require information on their legal rights.
Consumer Affairs Victoria - renting
Advice on dealing with disagreements between rental providers, landlords, agents and renters.
Renting a home
Information about what kind of residential disputes VCAT can rule on, and how to apply for them to hear your case.