Rental Agreement Template Victoria

RESIDENTIAL TENANCY AGREEMENT (VIC)

Residential Tenancies Act 1997 (Vic)

DOCUMENT CONTROL

• Effective Date: [Effective Date]
• Version: 2024.1 (Standard Form Victoria)
• Jurisdiction: State of Victoria, Australia
• Scope: Residential Premises Lease Agreement

---

OFFICIAL NOTICE & COMPLIANCE DISCLAIMER

This document is a standard template drafted in accordance with the Residential Tenancies Act 1997 (Vic) (RTA) and the Residential Tenancies Regulations 2021 (Vic). Both parties acknowledge that statutory rights and obligations under Victorian law override any inconsistent contractual terms herein. Legal counsel should be consulted prior to execution for complex leasehold arrangements.

---

1. PARTIES & PREMISES

1.1 The Rental Provider (Landlord)

• Full Legal Name: [Full Legal Name of Rental Provider]
• **AABN/ACN (if corporate): [ACN/ABN Number]`
• Notice Address: [Street Address, Suburb, State, Postcode]
• Email: [Email Address]
• Phone: [Phone Number]

1.2 The Renter (Tenant)

• Full Legal Name: [Full Legal Name of Renter]
• Email: [Email Address]
• Phone: [Phone Number] (If multiple renters, attach Schedule A specifying all co-renters).

1.3 The Rental Provider's Agent (If Applicable)

• Agency Name: [Agency Business Name]
• Licence Number: [Estate Agent Licence Number]
• Address: [Agency Address]
• Email: [Agency Email]

1.4 Premises Details

• Address: [Rental Property Street Address, Suburb, VIC Postcode]
• Included Chattels/Fixtures: [List furniture, whitegoods, or specific assets included, e.g., Dishwasher, Refrigerator]

---

2. TERM & COMMENCEMENT

• 2.1 Fixed Term Start Date: [DD/MM/YYYY]
• 2.2 Fixed Term End Date: [DD/MM/YYYY]
• 2.3 Periodic Tenancy: If neither party serves a notice to vacate or intention to vacate prior to the end date in clause 2.2, this Agreement continues as a periodic tenancy pursuant to Section 91ZZD of the RTA.

---

3. RENT & BOND

• 3.1 Rent Amount: $[Amount] payable [Weekly / Calendar Monthly].
• 3.2 Due Date: Rent must be paid in advance on or before the [Day, e.g., 1st] day of each [Week/Month].
• 3.3 Payment Method: Direct deposit to BSB: [BSB Number], Account Number: [Account Number], Account Name: [Account Name], Reference: [Reference ID].
• 3.4 Bond Amount: $[Bond Amount] (Must not exceed 1 month's rent unless rent exceeds $900/week or Consumer VCAT exemption applies).
• 3.5 Bond Lodgement: The Rental Provider/Agent shall lodge the Bond with the Residential Tenancies Bond Authority (RTBA) within the statutory timeframe prescribed by the RTA.

---

4. RENTAL PROVIDER'S OBLIGATIONS & STATUTORY WARRANTIES

• 4.1 Quiet Enjoyment: The Rental Provider warrants that the Renter will have quiet enjoyment of the Premises without interruption by the Rental Provider, subject to lawful entry.
• 4.2 Compliance with Rental Minimum Standards: The Rental Provider warrants that the Premises meets the rental minimum standards under the Residential Tenancies Regulations 2021 relating to locks, vessel-proofing, light, heating, ventilation, plumbing, and structural integrity.
• 4.3 Maintenance and Repairs: The Rental Provider shall maintain the Premises in good repair and carry out urgent repairs within 24–48 hours and non-urgent repairs within 14 days of receiving written notice, pursuant to Sections 72–73 of the RTA.

---

5. RENTER'S COVENANTS & OBLIGATIONS

• 5.1 Use of Premises: The Renter shall use the Premises primarily as a private residence.
• 5.2 Rent Payment: The Renter shall pay rent on the due date without deduction or set-off.
• 5.3 Damage & Notice: The Renter shall not intentionally or negligently damage the Premises and shall notify the Rental Provider/Agent of any damage or required maintenance immediately.
• 5.4 Cleanliness: The Renter shall keep the Premises in a reasonably clean condition, fair wear and tear excepted.
• 5.5 Subletting & Assignment: The Renter shall not assign or sub-let the whole or any part of the Premises without the prior written consent of the Rental Provider, which consent shall not be unreasonably withheld pursuant to Section 81 of the RTA.
• 5.6 Modifications: The Renter shall not make any modifications, alterations, or fixtures to the Premises without written consent, except for minor modifications permitted under Section 64B of the RTA (e.g., hanging picture hooks, anchoring furniture for child safety).

---

6. CONDITION REPORT

• 6.1 Condition Report Delivery: The Rental Provider/Agent must provide two copies of the signed Condition Report to the Renter before or upon the Renter taking possession of the Premises, pursuant to Section 35 of the RTA.
• 6.2 Condition Report Dispute: The Renter shall complete, sign, and return the Condition Report to the Rental Provider/Agent within 3 business days of occupying the Premises. If uncontested, the report is deemed an accurate reflection of the property state.

---

7. ACCESS AND INSPECTIONS

• 7.1 Entry Limits: The Rental Provider or Agent may enter the Premises only in accordance with Section 86 of the RTA.
• 7.2 Notice Periods for Entry:
  • General inspections: 7 days' written notice (maximum 4 times per 12-month period).
  • Repairs/Maintenance: 24 hours' notice.
  • Showing prospective renters/purchasers: 48 hours' notice.

---

8. BREACH, TERMINATION & DEFAULT

• 8.1 Breach of Agreement: If either party breaches a term of this Agreement, the aggrieved party may issue a Breach Notice in the prescribed VCAT form requiring remedy within a specified statutory period.
• 8.2 Termination by Renter: The Renter may terminate the agreement by providing 14 days' written notice prior to the end of the fixed term, or as otherwise provided for under standard RTA breaking-lease provisions.
• 8.3 Termination by Rental Provider: The Rental Provider may only issue a Notice to Vacate for valid statutory grounds specified under the RTA (e.g., sale, demolition, landlord re-occupation, or non-payment of rent exceeding 14 days).

---

9. SPECIAL CONDITIONS

(Insert any mutually agreed additional lawful terms, e.g., pet approvals, body corporate bylaws. If none, write "N/A").

• [Special Condition 1: e.g., Approved pets on premises subject to pet agreement]
• [Special Condition 2: e.g., Body Corporate Rules apply to common property access]

---

10. EXECUTION & ACKNOWLEDGEMENT

By signing below, the parties warrant that they have read, understood, and agreed to be bound by the terms of this Residential Tenancy Agreement and acknowledge receipt of all statutory disclosure documents.

RENTAL PROVIDER / AGENT EXECUTION

• Name: [Signatory Full Name]
• Title: [Rental Provider / Authorised Agent]
• Signature: ________________________________________
• Date: [DD/MM/YYYY]

RENTER EXECUTION

• Name: [Renter Full Name]
• Title: [Renter]
• Signature: ________________________________________
• Date: [DD/MM/YYYY]

---

STEP-BY-STEP EXECUTION GUIDE

1. Verify Disclosure Material: Prior to signing, ensure the Renter has been provided with the mandatory Renters Guide, current Condition Report, and any relevant Body Corporate Rules.
2. Complete Blanks: Fill out all brackets [...] accurately. Do not leave any fields blank; insert "N/A" if inapplicable.
3. Formal Execution: Both the Rental Provider (or authorized licensed agent) and the Renter must sign and date the agreement. Digital signatures are legally binding under the Electronic Transactions (Victoria) Act 2000.
4. Bond Lodgement & Record Keeping: Lodge the security bond directly via the RTBA Online portal within 10 business days of receipt, and provide both parties with an executed copy of this agreement for their permanent records.