The information provided below is intended to be a general guide. For more detailed information about any of the issues below – or for information about other issues – please visit the Tenants Victoria and/or Consumer Affairs Victoria websites. If you are experiencing a renting-related issue, you should speak to a legal support service for tailored advice. Click here to visit the Support Services Directory for a list of free legal support services.
Evictions
The rental provider must follow these steps to evict you. Otherwise, it is an illegal eviction.
Give you a notice to vacate. The rental provider must have a lawful reason to evict you for the notice to be valid (e.g. – if you haven’t paid rent, have caused serious damage to the property, etc.)
Apply to VCAT for a possession order
Receive a warrant of possession from VCAT
Provide the warrant of possession to the police. The police will then use this to evict you. Your rental provider cannot personally carry out an eviction or lock you out.
If you do not want to be evicted, you can dispute the rental provider’s claim at the hearing VCAT sets after receiving the rental provider’s application for a possession order. Click here for more information about VCAT processes.
If you are being illegally evicted, you should call the police. You can also lodge a complaint with Consumer Affairs Victoria and apply to VCAT.
Family Violence
Family violence refers to violent, threatening, coercive, or controlling behaviour that occurs in family, domestic, or intimate relationships. It can include, but is not limited to, assault, stalking, and intentionally damaging property.
If you are experiencing family violence while renting, there are protections in Victorian rental laws which can help you. Even if you are not on the rental agreement, you can apply to VCAT and get an order to remove the renter that has been violent against you and put the agreement in your name. VCAT may be able to give you an order that lets you end the agreement early without paying lease break fees.
If you are experiencing family violence and want to change the locks in your home, you will have to ask the Rental Provider/Landlord/Agent for permission if the lock is part of a master key system. You can change the locks without permission if the key is not part of a master key system. However, if you need to exclude a co-renter from the property, it’s strongly recommended to have a safety notice from the police or an intervention order issued by the Magistrates’ Court.
You can install removable security devices (e.g. – alarm systems and cameras) without your rental provider’s permission, unless you live in a heritage listed property. The devices also must not interfere with your neighbours’ privacy or damage or cause permanent change to the property. For permanent security devices (e.g. – hardwired alarm systems), you will need to ask your rental provider for permission first. Your rental provider cannot unreasonably deny you permission to do so.
Tenants Victoria has developed a Family Violence Protection Tenancy Kit with more detailed information about protections in renting laws for people affected by family violence. To see a link to this resource (and other family violence support services), click here to visit the Support Services Directory.
Getting your Bond back
Your bond should be refunded to you at the end of your tenancy unless your rental provider makes a claim for compensation.
Your rental provider can ask to keep all (or part) of the bond if you:
Damaged the property or made modifications without asking
Have not left the property in a reasonably clean condition
Have any unpaid rent
Have taken items from the property that belong to the rental provider
Either you and your rental provider can start the Bond claim. The bond is lodged with the Residential Tenancies Bond Authority (RTBA). You can use the RTBA website to make a bond claim. This does not cost anything.
If you make the bond claim yourself, your rental provider and other renters will be notified and given 14 days to dispute the claim with a VCAT application. If no one disputes the claim within this timeframe, the RTBA will refund the bond to you.
Inspections and Privacy
The rental provider/agent must allow you ‘quiet enjoyment’ of the property. They are allowed to enter the property, but there are rules outlining when they can enter and what they can do when they are on the property. They must also give you proper notice and state why they want to enter the property.
Reasons for entering the property include:
Carrying out legal duties (e.g. – repairs) (minimum 24 hours notice required)
Having reasonable grounds to believe you have broken your obligations (e.g. – by damaging the property) (minimum 24 hours notice required)
Carrying out an inspection for family violence proceedings in VCAT (minimum 24 hours notice required)
Showing the property to potential renters and buyers (minimum 48 hours notice required)
Carrying out routine inspections (minimum 7 days notice required)
Having the property valued (minimum 7 days notice required)
Taking photos/videos to advertise the property (minimum 7 days notice required)
You have a right to refuse entry if the rental provider/agent has not given enough notice, if the visit is during a public holiday or before 8am/after 6pm or if they want to do a routine inspection less than 6 months after the last one.
If the rental provider/agent enters the property without following the rules, you can report them to Consumer Affairs Victoria or apply to VCAT for a restraining order.
Leaving before the rental agreement ends
You may be asked to pay ‘lease break fees’ if you want to leave the rental property before the end of the rental agreement.
Although you don’t have to pay a penalty for breaking the rental agreement, your rental provider can ask you to cover any reasonable losses they might incur. This can include costs for lost rent, reasonable costs for advertising the property, and a ‘re-letting’ fee.
In some circumstances, you can end the rental agreement early without paying lease break fees (e.g. – if you have applied to VCAT to end your agreement early due to experiencing severe hardship or family violence).
If you think the lease break fees you are being asked to pay are too high, you can make an application to VCAT for review.
Making changes to the property
If you want to make changes to your rental property, you may need to ask your rental provider for permission first. If you do make changes, you are usually responsible for restoring the premises to its original condition (not including, fair wear and tear).
You can install the following without permission from your rental provider:
Non-permanent window film
Wireless doorbell
Curtains (you must keep the original curtains)
Adhesive child safety locks on drawers and doors
Pressure mounted child safety gates
A lock on the letterbox
You can install the following without permission from your rental provider, unless the property is heritage listed:
Picture hooks or screws for wall mounts/shelves/brackets (unless the surface is exposed brick or concrete)
Wall anchors (unless the surface is exposed brick or concrete)
LED light bulbs that don’t need new light fittings
Low flow showerheads (you must keep the original shower head)
Blind or cord anchors for window treatments
Safety devices (alarm systems, etc.) which don’t impact the privacy of neighbours, can be easily removed, and are not hardwired to the property
Hardware mounted child safety gates (unless the walls are exposed brick or concrete)
For other changes you want to make, you must ask the rental provider for permission first. Your rental provider cannot unreasonably refuse to the changes. There are some circumstances where a rental provider can reasonably refuse to let you make changes to the property (e.g. – if the changes would significantly change the property or result in additional maintenance costs for the rental provider if the changes were not reversed when you leave).
If your rental provider has refused to give permission for reasonable changes, you can make an application to VCAT for review.
Overdue Rent
The rental provider/agent can give you a 14-day notice to vacate if your rent is 14 days in Arrears. The notice must be in writing and the rental provider must follow the proper legal procedures if they want to evict you. See above for more information about evictions.
You do not have to leave the property because you received a notice to vacate. If you have been struggling to pay your rent, you can contact the rental provider/agent to try and negotiate a payment plan for any money owing. Make sure that the agreement is put in writing.
If the rental provider applies to end your agreement because of rent arrears, you can still explain your situation to VCAT; who may either give you a payment plan to repay the arrears over a reasonable period, or give you more time before the agreement is ended.
You may find it helpful to consult with a financial counsellor. Click here for a list of free financial support services.
Rent Increases
Your rental provider must follow specific rules if they want to increase your rent. For all rent increases, you must be given a proper notice of rent increase advising you of your rights and describing the method used to determine how the rent was increased.
If you think the rent increase is unfair, you can challenge it by applying to Consumer Affairs Victoria. This is called a rent assessment, and it is free to do so. You will need to use the ‘Request for rental assessment’ form on the Consumer Affairs Victoria website.