A landlord owns the place you rent. Some owners take direct responsibility for managing the property and you deal with them when arranging the lease, requesting maintenance or paying rent.
It's common for an owner to employ a property manager to monitor the day-to-day maintenance of a property. The property manager is usually an employee of a real estate agency, who has a specific group of properties under their care.
Paying the rent
Your lease or tenancy agreement should have specific instructions for the rate and frequency of your rental payments. Receipts are a useful way of proving that you have paid on time, and are essential if you pay in person or by cash.
Consumer Affairs Victoria have a publication, Renting a Home: A Guide for Tenants and Landlords (new window) that explains landlord, tenant and agent rights and responsibilities under Victorian residential tenancy law. Their fact sheet Paying the Rent (new window) provides advice on requesting receipts and what to do if you have trouble with your payments.
Requesting maintenance
The Residential Tenancies Act 1997 requires landlords to ensure their property is in good repair and reasonable condition before and during a tenancy. Landlords are responsible for many repairs around the property.
As a tenant, you're responsible for any damage you do during the period of your lease.
The Tenants Union of Victoria (new window) explains the difference between urgent and general repairs and how to effectively request action from your landlord. If you believe your landlord or agent is not respecting the terms of your lease or the Residential Tenancies Act, you can claim compensation.
Making a complaint
Proof is important when you believe that you're being treated unfairly as a tenant. Collect and store evidence such as photos, conversations and letters that you have about your tenancy.
- Research your rights and responsibilities under Victorian law and make use of websites and telephone advice lines
- Formally approach your landlord or real estate agent about the problem, using the appropriate forms from your real estate agent or Consumer Affairs Victoria (new window)
- Put your case in writing and hand deliver letters or send them by registered post - don't rely on verbal agreements, but talking calmly and assertively is a good start
- Keep a copy of everything for your records
Visit the Tenants Union of Victoria (new window) website for further information on making complaints about landlords and agents, and find out if your agent or landlord has acted illegally under the tenancy laws.
Resolving a dispute with your landlord or property manager
If you're unable to resolve the problem by contacting your property manager, Consumer Affairs Victoria (CAV) (new window) offers support to tenants through a complaint service. You can download their complaint form or send in a request for more information about receiving help.
It's important to have some proof of approaching your real estate agent about the problem before you use this service. In many cases, the more evidence that you collect, the better your chances are of finding a solution.
When the problem can't be resolved through personal negotiations or with the help of Consumer Affairs Victoria, you can apply to the Residential Tenancies List (new window) at the Victorian Civil and Administrative Tribunal (VCAT) for a decision. Their site provides information on the process for lodging an application, fees and what happens at a hearing.
Links
Tenants Union of Victoria
For residential tenants living in Victoria who require information on their legal rights.
Realestate.com
Tips for dealing with disagreements between landlords, agents and tenants.
