This guide is general information only and does not constitute legal advice. Tenancy legislation changes regularly. Consult a qualified professional or your state tenancy authority for advice specific to your situation.
Overview
Victoria's rental laws are governed by the Residential Tenancies Act 1997, which was substantially reformed in 2021 through a large package of amendments that shifted the balance of rights significantly in favour of tenants. Victoria now has some of the strongest tenant protections in Australia.
Consumer Affairs Victoria administers the Act and provides information and dispute resolution services. The Residential Tenancies Bond Authority (RTBA) holds all rental bonds. The Victorian Civil and Administrative Tribunal (VCAT) handles formal disputes.
If you are self-managing a rental property in Victoria, the 2021 reforms introduced several new obligations you need to be across. For a summary of the key changes, see our guide to Victoria's rental reforms for landlords. The reforms cover minimum standards, urgency around repairs, and restrictions on rent increases. This guide covers the essentials.
Your Obligations as a Landlord
Property Condition and Minimum Standards
Victoria introduced rental minimum standards in March 2021. Every rental property must meet these standards before a new tenancy begins. They cover:
- Structural soundness (weatherproof, in good repair)
- Adequate lighting in all rooms
- Functioning kitchen with a stovetop, oven, and sink
- A functioning bathroom with a toilet, basin, shower or bath, and adequate hot and cold water
- Window coverings in bedrooms and living areas for privacy
- Functioning locks on all external doors and windows
- Adequate ventilation in bathrooms and laundry areas
- A functioning heating source in the main living area (fixed heater, not portable)
- Electrical safety: a switchboard with circuit breakers or safety switches
Failure to meet minimum standards is a breach. Tenants can request urgent repairs or apply directly to VCAT.
Repairs
- Urgent repairs must be attended to as soon as reasonably possible. The Act lists urgent repairs as burst water, gas leak, dangerous electrical fault, flooding, serious storm damage, failure of essential services (hot water, cooking, heating, cooling), serious faults in lifts or stairways, and anything likely to cause injury or damage. If you fail to respond within a reasonable time, the tenant may arrange urgent repairs up to a prescribed limit and recover the cost.
- Non-urgent repairs must be completed within 14 days of being notified by the tenant. If you cannot complete them within 14 days, you must notify the tenant why and provide a reasonable timeframe.
Safety Compliance
- Smoke alarms must be installed in compliance with building regulations and must be operational at the start of each tenancy.
- Gas safety: all gas appliances and fittings must be checked by a licensed gasfitter every two years. You must provide a copy of the gas safety check to the tenant.
- Electrical safety: all electrical installations must be checked by a licensed electrician every two years. A copy of the electrical safety check must be provided to the tenant.
- Pool and spa barriers must comply with the Building Act 1993 and be registered with your local council. A certificate of compliance is required.
- Mould and dampness: under the minimum standards, the property must be free from mould caused by or related to the building structure.
Privacy
Victorian tenants have a right to quiet enjoyment of the property. You cannot install surveillance devices without consent, access the property outside of permitted circumstances, or contact the tenant excessively.
Bond and Security Deposits
The maximum bond in Victoria is four weeks' rent for properties where the weekly rent is $900 or less. For properties with rent above $900 per week, the bond is uncapped but must be reasonable.
You must lodge the bond with the Residential Tenancies Bond Authority (RTBA) within 10 business days of receiving it. The RTBA holds the bond in trust.
At the end of the tenancy, if both parties agree, the bond is released through the RTBA. If there is a dispute over the bond, either party can apply to VCAT for a determination.
Acceptable bond claims include unpaid rent, damage beyond fair wear and tear, and outstanding utility charges if the agreement provides for it.
Visit the RTBA bond portal for lodgement and claims.
Entry and Access Rules
Victoria has strict rules about when landlords can enter a rented property.
| Purpose | Notice Required |
|---|---|
| Routine inspection | 7 days written notice |
| Urgent repairs | 24 hours, or none if genuine emergency |
| Non-urgent repairs (agreed) | 24 hours |
| Prospective tenants | 24 hours (final 21 days only) |
| Prospective buyers | 24 hours (reasonable frequency) |
| Emergency | No notice required |
| Duty under the Act | 24 hours |
Routine inspections can be conducted no more than once every 6 months. This is one of the most restrictive frequencies in Australia.
Entry must occur between 8:00 am and 6:00 pm, unless the tenant agrees otherwise. Entry is not permitted on public holidays unless the tenant consents.
Rent Rules
Payment Methods
You must accept at least one reasonable method of rent payment that does not impose additional costs on the tenant. You cannot require a tenant to pay by a particular method that attracts surcharges.
Rent Increases
- Rent cannot be increased during a fixed-term agreement of 12 months or less, unless the agreement specifically allows it.
- For fixed-term agreements longer than 12 months, rent can only be increased once every 12 months if the agreement provides for it.
- For periodic agreements, rent can be increased no more than once every 12 months.
- You must give at least 60 days written notice of any increase, using the prescribed form.
- A tenant can apply to VCAT if they consider the increase to be excessive. VCAT considers the general market level of rents for comparable properties.
Rent Bidding
It is illegal in Victoria to invite or encourage prospective tenants to offer rent higher than the advertised amount. You must advertise a fixed price or a fixed price range (not "offers above").
Ending a Tenancy
The 2021 reforms significantly changed the rules around ending tenancies in Victoria.
Fixed-Term Agreements
- End of fixed term: The agreement ends automatically on the last day. If neither party gives notice, it converts to a month-to-month periodic agreement. To end the tenancy at the end of the fixed term, the landlord must give at least 60 days notice, and the tenant must give at least 28 days notice.
- Breach by tenant: 14 days written notice for rent arrears (the tenant can remedy the breach within that period). For other breaches, a compliance order from VCAT may be required before termination.
Periodic Agreements
- No-fault termination by landlord: Landlords can only end a periodic agreement for prescribed reasons (such as the property being sold, the landlord or an immediate family member moving in, demolition or major renovation, or a change of use). The notice period is 60 days for most grounds and 90 days for some.
- Termination by tenant: 28 days written notice.
Important 2021 Change
Victoria abolished open-ended no-reason (no-fault) termination notices for periodic agreements. You must now always state a valid reason for ending a tenancy and provide the prescribed notice.
Inspections
Routine Inspections
Routine inspections can be conducted no more than once every 6 months. You must give 7 days written notice, and the inspection must occur at a reasonable time between 8:00 am and 6:00 pm.
Condition Reports
A detailed condition report is mandatory at the start of every tenancy. The report must document the condition of each room, fixtures, and fittings. The tenant has 3 business days to review and annotate the report.
At the end of the tenancy, you should conduct a final inspection and compare the property's condition against the original report. This is essential evidence for any bond claim.
Photographs and video are strongly recommended to supplement written descriptions.
Key Government Resources
- Consumer Affairs Victoria: Renting: comprehensive landlord and tenant information
- RTBA (Residential Tenancies Bond Authority): bond lodgement and claims
- VCAT (Victorian Civil and Administrative Tribunal): dispute resolution
- Residential Tenancies Act 1997: full text of the legislation
- Rental minimum standards: checklist and details
How propkt Helps
Victoria's rental reforms create a significant compliance burden for self-managing landlords. propkt's document vault stores your gas safety checks, electrical safety reports, condition reports, and lease agreements in one secure location. Automated reminders ensure you never miss a two-yearly safety check deadline or six-monthly inspection window. The maintenance tracker logs repair requests with dates and response times, critical evidence if a tenant disputes your compliance at VCAT. And bond tracking gives you clear visibility of bond status from lodgement through to final release.