We recommend using our official forms:. Victoria made significant changes to renting laws in This includes setting a list of conditions that cannot be included in a rental agreement.
You can read about the changes in a summary of the reforms or in detailed fact sheets and guides. If you want to know what the law says about residential rental agreements, you can read these sections of the Residential Tenancies Act :. Skip to content Skip to main navigation Skip to footer. Your rights and responsibilities Menu options for Consumer Affairs Victoria Housing Renting, buying and selling property, building and renovating, owners corporations, retirement villages.
Residential rental agreements. Skip listen and sharing tools Listen. On this page: What should be in a rental agreement Different types of residential rental agreements Before moving in Changing agreements Conditions that cannot be in an agreement Forms you might need Other pages have information about renewing agreements , notices to vacate , and renters giving notice. What should be in a rental agreement lease Rental agreements should include: the amount of rent and how it is to be paid how rent increases will be calculated the length and type of agreement the amount of bond other conditions and rules any special terms.
Different types of residential rental agreements leases There are 3 types of residential rental agreements: short fixed-term agreements long fixed-term agreements periodic month to month agreements. Short fixed-term agreements Most fixed-term agreements are short-term. Short-term agreements can be written or verbal, but we recommended using written agreements.
You should use this form: Form 1 - Residential rental agreement Word, 1. Long fixed-term agreements Long fixed-term agreements are for more than 5 years. There are some different laws for long-term agreements.
You can check what type of tenancy you have. The tenancy agreement should be signed by all tenants and your landlord. If there are joint tenants, each tenant should receive a copy of the agreement. Check your tenancy agreement - it might give you more rights than your basic rights under the law.
If you are experiencing problems with repairs you can talk to an adviser. A tenancy agreement exists even if there is only a verbal agreement between you and your landlord. For example, you and your landlord may have agreed at the start of the tenancy:. You might also be able to prove what was agreed in other ways - for example, with emails or text messages.
There are obligations you and your landlord have which may not be set down in the agreement but which are given by law and are implied into all tenancy agreements. These terms form part of the contract, even though they haven't been specifically agreed between your landlord and you. For information on the rights and obligations of social housing tenants and landlords, see our advice on renting from a social housing landlord.
For information on the rights and obligations of private sector tenants and landlords, see our advice on renting from a private landlord. If the tenancy was created on or after 28 February , your landlord must provide basic written terms of the agreement within 28 days of you requesting this in writing. Your new landlord must give you their address in writing within 2 months of taking over the property. The rights laid down by law always override those which are stated in a written or oral agreement.
An agreement which suggests that you or your landlord have less rights than those given by common law or statute is a sham tenancy agreement. What an agreement states and what the tenancy actually is may be different.
You may also have signed an agreement stating that the property was granted under a licence to occupy. This is not enough to make the agreement a licence. If your landlord includes any other fees, it might be illegal. Ask your landlord to return the illegal fees. If they don't you can report your landlord to Trading Standards. If your landlord still won't return the illegal fees you can make a small claim in the courts for an order that says the landlord must pay the money back.
There are rules about how much a landlord can charge for a deposit - find out how much it costs to rent. Placing a tenant in a property for at least a year may offer a more predictable rental income stream and cut down on turnover costs.
That said, once a lease agreement is signed, the rental cost is set in stone until the end of the agreement. In an up-and-coming area with consistently growing property values, 12 months of a fixed rental cost could mean you miss out on substantial incremental income from market increases.
According to Home Buying Institute , the median home price in the U. This forecast was issued in July and extends into the summer of Bottom line on Leases: A lease is a great option for landlords looking to make stable income, but may negatively impact profitability should property value grow within that year span. Due to the short term of a rental agreement, they allow much more flexibility when it comes to rent increases.
Technically speaking, rent may be revised each month with a rental agreement to stay in-line with the current fair market rent so long as rent increases comply with local law and the notice provisions that govern the month-to-month rental.
Using a tool such as Rentometer is useful for searching rental price comparisons in your area. It may open the door to many qualified tenants looking for a short-term rental, which may be in high demand near college campuses or major hospitals. A tenant looking for a long-term lease may be scared away by the flexibility of a month-to-month lease, which may leave them subject to frequent rent raises or indeterminate rental periods. For landlords, the costs of more frequent tenant turnover should also be kept in mind, including advertising, screening, and cleaning costs.
A landlord can give notice to increase rent for a month to month tenancy. If the rental unit is part of a housing program and the program is changed or discontinued, the landlord can make reasonable changes to the tenancy agreement to reflect these changes. Once the agreement is signed it is binding even if the tenant does not move in. The tenant would still have to pay rent even if they changed their mind and did not move in. If either party breaches the agreement they can be held responsible for loss or damages the other party suffers because the agreement was breached.
It is important for both landlords and tenants to have insurance. Landlords may require the tenant to have tenant insurance as a term of the tenancy agreement. A landlord cannot require the tenant to use a specific insurer.
For more information, contact an insurance broker. A brochure on tenant insurance is available from the Insurance Bureau of Canada. Tenants should not agree - in writing or verbally - that a place is in good condition if it is not. This can cause problems later. The landlord could use the statement to argue that the damage happened after the tenant moved in. The landlord is legally obligated to do required repairs to the rental property. This applies even to repairs the tenant knew the place needed.
A tenant has the right to look over the rental unit carefully. Many landlords have a checklist to mark the condition of each room when the tenant moves in and moves out. A landlord or tenant can get a sample checklist from the ORT. Either party can also make their own checklist. It is a good idea for the tenant and the landlord to both sign, date and keep a copy of the checklist.
A checklist protects both landlords and tenants. It can protect a tenant from a claim that damage occurred while the tenant lived in the place.
It can also help a landlord prove that damage occurred during the tenancy. Sometimes a tenant only notices damage after moving in.
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