Rights of renters, landlords and owners
When renting out a property, a landlord or owner has the right to choose the most suitable applicant. These decisions may be based on factors such as an applicant’s rental history.
However, it is against the law for a landlord or owner to stop somebody from renting a property, based on certain personal characteristics. In Victoria, it is against the law to discriminate because of actual or assumed:
- age
- carer status, family responsibilities, parental status
- disability (including physical, sensory and intellectual disability, work related injury, medical conditions, mental, psychological and learning disabilities)
- employment activity
- gender identity, lawful sexual activity, sexual orientation
- industrial activity
- marital status
- physical features
- political belief or activity
- pregnancy, breastfeeding
- race (including colour, nationality, ethnicity and ethnic origin)
- religious belief or activity
- sex
- personal association with someone who has, or is assumed to have, one of these personal characteristics.
Sexual harassment is also against the law.
If you believe a landlord or owner is discriminating against you for any of these reasons, contact the Victorian Equal Opportunity & Human Rights Commission.
Children and renting
A landlord or agent cannot refuse to rent out premises to a person with children (that is, under the age of 16), except in certain cases. These include if the:
- property is the landlord’s main residence
- property’s location and design make it unsuitable for occupation by a child.
If a person believes a property is suitable for children after being told it is unsuitable, they may apply to the Victorian Civil and Administrative Tribunal (VCAT), which will decide the matter.
Pets and renting
In Victoria, there are no laws that directly cover pets in tenancies or residencies.
However, it is possible to include a clause in a lease that bans pets, if they could:
- harm the property
- be a nuisance to other residents or neighbours
- break local government laws.
If a tenant or resident has a pet or intends to get one, they should get permission from the landlord or owner before moving in.
A tenant or resident may be issued with a ‘Breach of duty’ notice if their pet has caused damage or nuisance. The notice may require the tenant or resident to get rid of the pet.
If you believe a tenant’s pet is endangering neighbours, damaging the property or causing nuisance, contact us for advice.
Last updated: 28/03/2012