Your rights and responsibilities

Renting can be daunting at times especially if things don’t go right. The following section is a guide to help you know your rights and responsibilities as a renter and a rental provider and what you should do if you feel unsafe or have been scammed. Please note that the information on this page is a guide only (see full Terms and Conditions here). It is intended to help you find further information on these topics. For legal advice, you can contact the Victorian Legal Aid and refer to the Residential tenancies Act.

Renter's rights and responsibilities 

Before the tenancy 

It is your responsibility to review the rental provider, the property, the facilities and the conditions in which the property is offered prior to making any decision as to its suitability for your purposes. You are responsible for inspecting the property and you are strongly urged to not enter into any agreements or pay any bond or rent money prior to inspecting the property. 

The University of Melbourne gives no warranty and accepts no responsibility for the accuracy, or the completeness of any content listed on this website or the suitability of any accommodation offer. The University does not inspect any Listings and accepts no liability in relation to or arising out of any arrangement or contract in respect of accommodation listed on this website. 

Once you have found and inspected accommodation you are interested in applying for, you can submit a formal application with the agent or rental provider. Your rental provider or their agent must give you a statement of information about unlawful discrimination during the application. Additionally, there are certain questions your rental provider or agent are not allowed to ask you including: 

  • full statements from a credit or bank account with all the transactions (you can delete transactions that you don’t feel comfortable showing) 
  • whether you have a history of a dispute with a previous rental provider
  • your rental bond history (i.e. whether you have ever had your bond deducted)
  • private information that is protected in the Equal Opportunity Act 2010. This includes things like your ethnicity, gender identity or disability

For the expansive list, please click here. 

You have the right to negotiate the terms of a rental agreement with a rental provider, however, it is your responsibility to ensure that the rental agreement you enter into complies with all laws and obligations as set out by the Residential Tenancies Act 1997. We recommend using the official form available from Consumer Affairs Victoria and the checklist for signing a rental agreement. Before signing a rental agreement, your rental provider must also disclose certain information to you if it applies. Please see here for the full list. 

By law, your rental provider cannot ask you to pay a bond that is more than 1 month’s rent (unless the rent is more than $900 per week). In some cases, you rental provider may ask the Victorian Civil and Administrative Tribunal (VCAT) to increase this limit. Your rental provider must also lodge your bond with the Residential Tenancies Bond Authority (RTBA) within 10 business days of receiving the bond. The RTBA will then send you a receipt. If you do not receive a receipt within 15 business days of making payment, you can contact the RTBA. 

Your rental provider will provide you with a condition report. It is your responsibility to complete the report by inspecting the property and adding your own notes on its condition and any damages you find. Take timestamped photos if you can. You must return a completed and signed copy of the condition report to your rental provider within five business days of moving in. Remember to keep a copy of the condition report as it will be the basis of any disputes about who is liable for cleaning, damage or replacement of missing items. 

Your rental provider is also required by law to provide you a copy of the Renters guide which details yours and your rental provider’s rights and responsibilities. 

During the tenancy

As a renter, you have the right to: 

  • Quiet enjoyment of the property 
  • Have the property be well maintained and suitable for living in
  • Have repairs rectified within a reasonable time frame
  • Be provided with adequate prior notice before your rental provider and/or their agent enters for certain limited reasons (such as for inspections or repairs)
  • Not have your rent increased more than once every 12 months, and not during the course of a fixed-term tenancy unless the rental agreement says so

Your responsibilities include (but are not limited to):

  • Pay your rent on time and always ask for a receipt
  • If not included in your rent, connect your utilities at the start of your tenancy and disconnect them when you move out 
  • Do not damage the premises as you are liable for the cost of the repair or replacement
  • Notify your rental provider of any repairs
  • Maintain the premises (this may include cleaning and upkeep of the garden)
  • Allow your rental provider, or their representative, to complete inspections of the property (sufficient notice must be provided to you beforehand) 
  • Do not disturb the peace, comfort and privacy of your neighbours
  • Do not allow your guests to cause a disturbance or damage the premises
  • Do not use the property for illegal purposes
  • Do not keep pets without the prior consent of your rental provider
  • Give notice to end the rental agreement, even if it has a fixed end date. Otherwise, the agreement will automatically continue on a month-by-month basis.
  • Hand in your keys when the tenancy is finished

Rental provider’s rights and responsibilities 

Before the tenancy 

You are responsible for making your own assessment of a potential renter's character, financial means and/or suitability for your vacancy. Any rental arrangement negotiated between a potential renter and you is the responsibility of the parties involved. 

The University of Melbourne does not make any representation or provide any warranty in respect of any user of the Website including, without limitation, the suitability, behavioural characteristics or creditworthiness of a user. The University is not a party to any contract, arrangement or understanding between users relating to any accommodation listed on this website. 

When requesting information from a renter as part of their rental application for your vacancy, there are certain questions that you cannot ask. Please see here for more information. You must also provide a disclosure statement about discrimination to all applicants.    

Before the renter signs a rental agreement, you must disclose certain information about the property to the renter . This includes: 

  • if the property is also for sale, 
  • if it has an embedded network, 
  • if the property is a location of a previous homicide, 
  • if there are any additional costs the renter will have to pay aside from rent such as usage of the gym, laundry, communal facilities

Please see here for the full list.

You are responsible for preparing a rental agreement and you must ensure that it complies with all laws and obligations as set out by the Residential Tenancies Act 1997. We recommend using the official form available from Consumer Affairs Victoria. You must also provide your rental with a copy of the Renters Guide. 

You must not charge more than 4 weeks’ worth of rent for bond (unless the weekly rent is more than $900) and you must lodge this bond with the Residential Tenancies Bond Authority (RTBA) within 10 business days of receiving it. 

It is your responsibility to provide your renter with two copies of the condition report (or one electronic copy) before your renter moves in. It must be created using the template found on the Consumer Affairs Victoria website. You must keep a copy of the condition report until the end of the rental agreement. 

During the tenancy

As a rental provider, you have the right to

  • Issue a Notice to Vacate to your renter for reasons such as owing at least 14 days rent, causing reckless damage to your property, and keeping pets without your prior approval. Please see here for the full list.
  • Enter your property for certain limited reasons after giving adequate prior notice to your renter 
  • Claim part or all of the bond for specific things, such as damage caused by your renter or their visitors (but not fair wear and tear), and cleaning expenses, if your renter has not left the property reasonably clean.

As a rental provider, your responsibilities include (but are not limited to):

  • Ensuring the property meets minimum standards, is well maintained and in a habitable state
  • Provide rent receipts and keep records of rental payments
  • Not attend the premises without notice
  • Rectify repairs within a reasonable time
  • Ensure smoke alarms are installed in the property
  • Comply with the Residential Tenancies Act 1997 and other relevant legislation
  • Not increase the rent more than once every 12 months, and not during the course of a fixed-term tenancy unless the rental agreement says you can
  • Give notice to end the rental agreement, even if it has a fixed end date. Otherwise, the agreement will automatically continue on a month-by-month basis.