Renting is a mixed bag. Among the home sweet homes, there are horror stories about bad landlords, difficult agents, or problematic properties.
See below some common issues with that may arise from where you live and where you can go for help.
Some common legal problems relate to repairs and maintenance, including what’s covered as urgent or non-urgent repairs. The minimum rental standards outline the requirements a rental must meet to be legal. These standards include being free from mould or dampness, having a working fixed heater, sufficient light, ventilation, window coverings and more. Read more about the minimum rental standards.
Not-for-profit online legal service Anika Legal shared with us that a lot of their clients fear exercising their right to ask for repairs in case it results in a retaliatory response such as a rent increase or eviction. They encourage renters to have the courage to stand up for themselves and their rights.
With the cost-of-living skyrocketing many renters are feeling the effects, and rising rent can make things even harder. But there are restrictions on what constitutes a reasonable increase. Find out more about rental increases.
If you are struggling to pay your rent, it’s important to get in touch with your rental provider as soon as possible. A payment plan or agreement in advance may prevent a notice to vacate later if you fall into rent arrears. Find out more about overdue rent.
Notice to vacate and lease-breaking are also issues frequently experienced by renters. There are certain conditions you and your landlord must meet when intending to break or end a lease agreement, including giving proper notice, with all required information included. See a list of the requirements when ending a lease.
The landlord or agent cannot simply ask you to leave verbally. They must submit a notice to vacate in writing with a legally valid reason. Find out more about eviction notices.
When your lease comes to an end, you can claim your bond back from the Residential Tenancies Bond Authority (RTBA) as soon as you move out and return the keys. Your landlord may make a claim to keep some of your bond if you damaged or failed to clean the property beyond ‘fair wear and tear’ in comparison to the condition report. If you disagree with the claim, you can dispute it. Find out more about bond claims.
Unfortunately, it is not uncommon for rental providers to claim things from the bond that they are not entitled to. Anika Legal found that in 30% of their bond cases that go to a VCAT hearing, VCAT orders that the rental provider receives nothing at all. In 93% of cases overall, the rental provider receives substantially less than what they had originally claimed. Anika Legal outlines these numbers in their Broken Bonds research report. So be wary of claims if they don’t sound fair, there is help available. Find out more about how to get your bond back.
If you or a person you know may be experiencing a legal problem, help and more information is available.
Tenants Victoria provides a range of resources and services to help renters and improve rental conditions in Victoria.
Anika Legal is a free, not-for-profit online legal service for renters.
Consumer Affairs Victoria is a government body responsible for regulating the consumer marketplace, ensuring it is fair, safe and competitive.
Victoria Legal Aid provides legal information, advice and education, as well as representation to those eligible.
The law can intersect with life in many ways such as your home, work, relationships, where you live or what you buy. Sometimes problems are easy to deal with. Other times theycan feel confusing, stressful or overwhelming.
Many everyday problems can be helped with legal informationor advice. You don’t need to know whether your problem is “legal” to getstarted.
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