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Consumer Affairs Victoria, Australia
Department of Justice, Victoria, Australia
Department of Justice, Victoria, Australia Victoria - the place to be
Renting > Tenants > Lease Agreements
Lease AgreementsPrint this Page  
 

The lease or 'tenancy agreement' is the legal contract between the tenant and landlord or agent. This covers the amount of rent to be paid, the method of payment, length of renting time, security bond amount and other conditions and rules.

The written agreement must follow the wording of the official 'Residential Tenancy Agreement' form, which can be obtained, from Consumer Affairs Victoria. Sometimes agents may use their own agreement forms, which include extra conditions, but they must still comply with the Act.

Although most tenancy agreements are written, some can be verbal but again, they must comply with the Act.

The two types of tenancy agreements are Fixed Term and Periodic:
  • A Fixed Term agreement is for a set period of time. Even though the agreement will have an end date, it is still necessary for the tenant to give notice in writing, or in the case of the landlord, to give a 'Notice to Vacate to Tenant/s of Rented Premises' when a tenant is required to leave at the end of the agreement.

  • The Periodic agreement is set from week to week or month-to-month. In the case of neither the tenant nor landlord giving notice to end the fixed-term agreement, the agreement automatically becomes a periodic tenancy agreement.
Before signing the Residential Tenancy Agreement, the agent or landlord must give the tenant an unsigned copy to look over first. When both parties have signed, the tenant should be given a signed copy within 14 days. The tenant must also be given a copy of the guide Renting a home: A guide for tenants and landlords, on or before the date the tenant moves in.
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