Landlord Guide to Renting in Victoria

Victorian landlords must use the prescribed standard form residential tenancy agreement issued by Consumer Affairs Victoria. The agreement may be fixed-term or periodic. Landlords must provide the tenant with a signed copy and a copy of the 'Renting a Home — A Guide for Tenants' booklet before the tenancy begins.

• Standard form agreements prescribed under the Residential Tenancies Act 1997
• Fixed-term or periodic agreements are both permitted
• Landlord must provide the tenant with the 'Renting a Home' guide at or before signing
• Terms that attempt to exclude or modify tenant rights under the Act are void

The maximum bond a landlord can collect is one month's rent where the weekly rent is $900 or less per week. The bond must be lodged with the Residential Tenancies Bond Authority (RTBA) within 10 business days of receipt.

• Maximum bond: 1 month's rent (where weekly rent is $900 or less)
• Bond must be lodged with the RTBA within 10 business days
• Landlord must give the tenant a bond lodgement receipt
• Bond covers unpaid rent, damage beyond fair wear and tear, and cleaning required to return the property to its original condition

Victorian law requires landlords to disclose specific information about the property before the tenancy agreement is signed. Failure to disclose material facts may allow the tenant to terminate the agreement.

• Condition report with photos or video must be completed and provided to the tenant
• Disclosure of any proposal to sell the property within the next 6 months
• Disclosure of building or repair works that may affect the tenant's quiet enjoyment
• Asbestos register and any known hazards (e.g., flooding history)
• Details of any owners corporation rules that affect the tenant

Landlords must offer the tenant at least one reasonably available fee-free method of paying rent, such as direct deposit. Rent must not be required more than one month in advance. Receipts must be issued for cash payments.

• At least one fee-free payment method must be available
• Maximum rent in advance: 1 month
• Receipts required for all cash rent payments
• Landlords may not require post-dated cheques or direct debit as the only payment option

Landlords must maintain the property in good repair and ensure it meets minimum rental standards introduced by the 2021 amendments. Urgent repairs must be attended to as soon as possible, and non-urgent repairs within 14 days of notification.

• Property must meet minimum rental standards (e.g., functioning heating, working locks, adequate ventilation)
• Urgent repairs (e.g., gas leak, burst pipes, electrical fault) must be addressed as soon as possible
• Non-urgent repairs must be completed within 14 days of the tenant's written request
• If the landlord fails to act, the tenant may apply to VCAT or arrange repairs up to $2,500 for urgent issues

A landlord's right to enter a rental property is strictly regulated. The landlord must give proper written notice and can only enter for reasons specified in the Act.

• Routine inspections: no more than once every 6 months, with at least 7 days' notice
• Entry for repairs: at least 24 hours' notice (except in emergencies)
• Entry hours: between 8:00 am and 6:00 pm unless the tenant agrees otherwise
• Tenant consent is required for entry outside the permitted reasons

Rent can only be increased once every 12 months. The landlord must give at least 60 days' written notice using the prescribed form. The increase must not be excessive, and VCAT can review the amount if the tenant objects.

• Maximum one rent increase per 12-month period
• At least 60 days' written notice required on the prescribed form
• Rent cannot be increased during a fixed-term agreement unless the agreement specifies the amount or method
• Tenant may apply to VCAT for a review if the increase is considered excessive

Notice periods in Victoria depend on the type of agreement and the reason for ending the tenancy. The 2021 amendments removed no-reason (no-fault) notices to vacate for most situations.

• End of fixed-term agreement: landlord must give at least 60 days' notice with a valid reason
• Tenant ending a periodic agreement: 28 days' notice
• Non-payment of rent: 14 days' notice to vacate
• No-reason notices to vacate have been abolished for most tenancies since 2021

A landlord cannot forcibly remove a tenant. If the tenant does not vacate after receiving a valid notice, the landlord must apply to VCAT for a possession order. Only a warrant executed by the police can enforce an eviction.

• Self-help evictions (changing locks, removing belongings) are illegal and carry penalties
• Landlord must apply to VCAT for a possession order if the tenant does not vacate
• VCAT may grant immediate possession for serious breaches (e.g., danger, illegal activity)
• A warrant of possession is executed by Victoria Police

At the end of the tenancy, the bond held by the RTBA is returned based on agreement between the landlord and tenant. If there is a dispute, either party can apply to VCAT for a determination.

• Both parties complete a bond claim form with the RTBA
• If the claim is agreed, the RTBA processes the refund within a few business days
• Disputed claims are resolved by VCAT
• Landlord must rely on the condition report and evidence of damage to support any deduction