Tenancy Law & Lawyers

There are many different laws throughout Australia pertaining to residential tenancy law. If you are a tenant or a landlord and would like legal help regarding any aspect of tenancy law, please complete your free legal enquiry form on the right, or click here.

A lease or tenancy is the right to use or occupy personal property or real property given by a lessor to another person (usually called the lessee or tenant) for a fixed or indefinite period of time, whereby the lessee obtains exclusive possession of the property in return for paying the lessor a fixed or determinable consideration (payment).

If you need legal help on any aspect of tenancy law, then please complete your free legal enquiry form on the right, or click here.

The tenancy agreement is a contract between a tenant and a landlord. It may be written or oral. The tenancy agreement gives certain rights to both tenant and landlord, for example, tenant's right to occupy the accommodation and the landlord's right to receive rent for letting the accommodation.

We can put you in contact with a tenancy lawyer who is best able to help you with the following residential tenancy issues:

Residential Tenancies legislation

Who is covered; Who is not covered; Your rights; Your obligations; Terms of the standard agreement

Starting a tenancy

Residential tenancy agreements; Information landlord must provide; Costs; Holding fees; Rent in advance; Bond; Keys

Bond

Paying the bond; Deposit of bonds; Change of shared tenancy; Transfer of bond; Claiming bond back; Claim by landlord; Repayment to former co-tenant

Rent increases

How rent may be increased; How often; Correct notice; Excessive rent; Negotiating a smaller increase; Social housing tenancies; Excessive rent orders

Rent arrears

Rent in advance; If you are behind; Eviction only with court/tribunal order; Termination for non-payment of rent; Conciliation and tribunal hearings; Termination orders

Repairs and maintenance

Landlord's obligations; Your obligations; Urgent repairs; Other repairs; Applying for tribunal orders

Locks and security

Your rights and obligations; Landlord's obligations; Changing the locks with reasonable excuse; Reasonable security; Applying for tribunal orders

Access and privacy

Your rights; Landlord's right to enter premises; Entry with consent; Entry without consent, without notice; Entry without consent, with notice; Limits to entry without consent; Entry when you are away; Interference with your privacy

If you need legal help on any of the tenancy issues listed above, please complete your free legal enquiry form on the right, or click here.

You want to leave

Termination notices; Correct notice; Termination without ground; Termination for breach of agreement; Early termination on prescribed grounds; Vacating before termination date; Withdrawal of notice

Landlord ends agreement

Termination notices; Correct notice; Termination without ground; Termination for breach of agreement; Termination for sale of premises; Application to tribunal without notice; Eviction only with court/tribunal order; Vacating before termination date; Withdrawal of notices; Retaliatory eviction; Termination orders

Consumer, Trader and Tenancy Tribunal

Making an application; Representation; Interpreters; Attending the hearing; Changing a hearing date; Evidence; Conciliation; During the hearing; Notices of orders and reasons; Money orders; Renewing an application; Rehearing

Domestic violence

Your tenancy status; Types of agreement; Discuss your options; About AVOs; Changing the locks; You want to stay; You want to leave

Strata scheme tenants

The owners corporation; Repairs to common property; By-laws and rules; Resolving disputes; Keeping pets; Eviction only by court/tribunal

Boarders and lodgers

Who boarders and lodgers are; Renting in a boarding house; Paying rent; Bond; Repairs and maintenance; Leaving; Eviction; Disputes

Share housing

Legal status; Transfer or sub-letting; Rent receipts; Bond; Other occupants want you to leave; You want to leave; Paying bills; Resolving disputes

Ending tenancy early

Legally specified reasons; Breach of agreement by landlord; Hardship to you; Premises unusable; Prescribed grounds; Termination notices; Transfer of tenancy; Breaking the agreement

If you need legal help on any of the tenancy issues listed above, please complete your free legal enquiry form on the right, or click here.

Discrimination

Unlawful discrimination; Exceptions; If you experience discrimination; The complaints process

Transfer and sub-letting

Landlord's consent needed; Asking consent; If landlord withholds consent; Written tenancy agreements; Rights and obligations; Bond; Sample transfer document; Sample sub-letting agreement

Tenant databases

Restrictions on listing by landlords/agents; Restrictions on listing by database operators; Finding out about a listing; Amendment and removal of listings; Disputes about listings; Minimising impact of a listing

Smoke alarms

Landlord's obligation; Buildings types and alarm types; Old alarms; Interference with an alarm Replacing batteries; Landlord's access to premises; Disputes; Urgent repairs; People with hearing impairment

Mortgagees and tenants

How landlord's mortgage can affect you; If landlord defaults; Demand for rent; Demand for possession; Notice of Supreme Court proceedings; Order for mortgagee possession; Notice to vacate; Writ for posession; Special cases

Storm damage

Immediate action; If you want to stay; Repairs; Rent reduction; You want to leave; Landlord wants you to leave; Uninhabitable premises; Upkeep of premises; Applying for tribunal orders

Utilities

Costs and charges – who pays; Electricity and gas; Bottled gas; Water usage; Water tanks; Septic tanks; Telephone, television and internet connections; Landlord must not interfere with supply; Disputes over bills

Mould

About mould; Rights and obligations; If you want to stay; Applying for tribunal orders; Outcomes of tribunal cases; If you want to leave; Personal injury

Goods left behind

Landlord may dispose of goods; Types of goods; Correct notice of disposal; Claiming goods; Occupation fees; Disposal of ordinary goods; Disposal of personal documents; Disputes; Tribunal applications by landlord

Asbestos and lead

About asbestos and lead; Rights and obligations; If you want to stay; Applying for tribunal orders; Outcomes of tribunal cases; Safe work practices; If you want to leave; Personal injury

If you need legal help on any of the tenancy issues listed above, please complete your free legal enquiry form on the right, or click here.

Residential Tenancies Tribunal (RTT)

The Residential Tenancies Tribunal is established by virtue of the Residential Tenancies Act 1997. The Tribunal hears and determines disputes between residential landlords and tenants.

If you would like to be legally represented at the residential tenancy Tribunal hearing, then please complete your free legal enquiry form on the right, or click here, and we will endeavour to put you in contact with a tenancy lawyer.

Landlord and Tenant Obligations under a Residential Tenancy Agreement

What are the landlord's obligations?

The landlord's obligations are defined by the terms and conditions contained in the tenancy agreement and the laws specific to Victoria.

The landlord must:

• give the tenant a copy of the guide "Renting a home: A guide for tenants and landlords" on or before the occupation date;
• keep the premises and common areas in good repair;
• ensure that any replacement water appliance, fitting or fixture has at least a Standards Australia 'A' rating;
• make sure all external doors have locks, and windows can be secured;
• ensure that the tenant is given a key as soon as possible after changing any lock;
• let the tenant have peace and quiet in the premises; and
• not enter the premises to carry out a general inspection until after the end of the first three months of the tenancy and even at this time, follow the rules regarding proper notice periods.

If you would like legal help, then please complete your free legal enquiry form on the right, or click here, and we will endeavour to put you in contact with a tenancy lawyer.

What are the tenant's obligations?

The tenant must:

• keep the premises reasonably clean;
• not cause damage;
• notify the landlord or agent in writing as soon as possible if any damage is done;
• avoid causing a nuisance to neighbours;
• make sure that they and their visitors respect the rights of neighbours in regard to privacy, peace and comfort;
• make sure the premises are not used for any illegal purpose;
• get the landlord's or agent's permission, preferably in writing to: change a lock in a master key system;
  install fixtures;
• make additions or alterations or do renovations; and
• give the landlord or agent a key as soon as possible after changing any lock.

Important Note: unless otherwise agreed, the tenant must restore the premises to the condition they were in immediately before the installation of fixtures, additions, alterations or renovations, fair wear and tear excepted.

If you would like legal help, then please complete your free legal enquiry form on the right, or click here, and we will endeavour to put you in contact with a tenancy lawyer.

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