Are You a First-Time Renter or Moving Into a New Rental Property?

There are various legal documents you must be familiar with while renting an apartment. Understanding the lease is crucial since it outlines the conditions of your tenancy. If you break the terms of your lease or harm the property, the owner will be financially protected by the security deposit. As a tenant, you have a lot of legal protections providing you with security about concerns like privacy and rent. While tenant rights differ from state to state, there are several fundamental rights you should be aware of.

We've included some practical advice on how to safeguard yourself as a renter in case you're interested in the ins and outs of renting as well as your rights and obligations.

Would you like to speak to a specialist? Book a complimentary discovery session by calling: (03)999 81940 or emailing team@klearpicture.com.au.

Renting basics

There are various legal paperwork you must be familiar with while renting. You'll be properly educated on your rights as a tenant and the rules and regulations for residing in your rental home if you understand these documents.

Understanding your lease

The most crucial part of any rental agreement is your lease. It's a binding legal arrangement between you and your landlord, as well as any other parties to the lease, such as your spouse or roommates. It's also referred to as a residential tenancy agreement. Understanding the lease is crucial since it outlines the conditions of your tenancy and can shield you from any problems that may emerge.

Several key elements of your tenancy are outlined in your lease, including:

• The duration of your lease
• How much rent do you need to pay and how frequently do you need to pay it
• How much of a relationship is needed
• Details on how to handle repairs and maintenance
• Tenant rights include your right to privacy as well as other crucial considerations like whether you're allowed to have pets or sublet your apartment.

Condition report

Before you move in, your rental property will be described in a condition report. It typically contains a checklist for every room that details the state of the windows, carpeting, light fixtures, and other elements. If there is any prior damage that has to be noted, such as a wall crack or a shaky floorboard, it should be mentioned.

It's critical to contrast the landlord's condition report with what you can actually observe on the day you move in. You can be required to pay for repairs or cleaning after you leave if there is damage that was supposed to be present but wasn't mentioned in the report.

Check off each item on the list as you go through each room, making note of any items you don't agree with. Additionally, you should document any damage with photos so you have documentation in case you ever need it.

Bond

Before you move in, you'll also need to pay a rental bond, which is typically equal to four weeks' worth of rent. If you break the terms of your lease or harm the property, the owner will be financially protected by the security deposit.

For instance, if you spill anything on the carpet, the landlord may use all or a portion of your bond to pay for cleaning or replacing the carpet after you leave. Get a receipt for the bond payment from your landlord or property manager so you can prove it was indeed made.

After you vacate the property and your landlord or property management is happy with the state of the property, your bond will be refunded to you. During a tenancy, general wear and tear is expected; in most situations, your landlord cannot withhold your bond to pay this.

Paying rent

Your lease will contain details on how to pay rent. This covers the amount to pay, the frequency of payment, and the forms of payment that your landlord or real estate agent will accept.

You are required to abide by the rental payment terms you agreed to once you sign a lease. You must speak with your landlord or the building management right away if you are having problems making your rent payments. They might devise a payment schedule to keep you from getting evicted.

Tenant’s rights

You have a lot of legal protections as a tenant, providing you with security about concerns like privacy and rent increases. While tenant rights differ from state to state, there are several fundamental rights you should be aware of.

Privacy and inspections

As a tenant, you have a certain amount of privacy rights. For an inspection, the landlord or property manager cannot merely show up. The landlord or property manager must give you sufficient written notice and must only visit if they wish to enter the property.

In Victoria, tenants' homes may only be accessed between the hours of 8 am and 6 pm, every day excluding public holidays. The majority of the time, if you're not home, they can enter with your consent.

Theft

The landlord is responsible for providing and maintaining locks as well as suitable security in the rented unit. However, they're probably not obligated to replace anything if something is stolen from your house.

Consider getting content insurance to safeguard your possessions against theft. In general, contents insurance covers valuable objects like jewellery, cell phones, artwork, TVs, and laptops. (Although keep in mind that your insurance can have a limited reimbursement amount that doesn't necessarily cover the whole cost of replacing a stolen item.)

You can read our advice on gaining more from your house insurance if you're interested in learning how to effectively safeguard your possessions. Visit our house and contents insurance FAQs as well.

Rental increases

Unless it was specifically stated in your rental agreement when you signed it, your rent cannot be increased throughout the duration of a six- or a 12-month fixed-term lease. If your lease is month-to-month, the rent may be raised, but the landlord or property manager must provide you with enough written notice before doing so.

If you're confused about the requirements for how much notice they must give or how frequently they can raise the rent, consult with the relevant state body.

Repairs and maintenance

You must notify your landlord or property management in writing if your home needs any repairs so that you both have a written record of the request.

The actions to be taken typically change depending on whether a repair is urgent or not. The majority of the time, urgent repairs like replacing a busted water pipe should be completed 24 to 48 hours after the request is made. These repairs should be handled by your landlord or property management, but you should let them know if the occurrence (like a burst water pipe) is also causing damage to the building. This is to prevent you from being held responsible for any harm brought on by any unjustified delay.

Non-urgent repairs include things like a busted exhaust fan or a leaky faucet, and the landlord or property management typically has 14 days to arrange repairs.

In order to fully understand your rights and what your landlord or property management is obliged to do, be sure to consult the appropriate state agency.

Contents insurance for renters

There is always a danger that anything like a fire or flood could cause theft, damage to the house or your possessions. The common spaces of your apartment complex and your landlord may both be protected by building insurance, but neither type of insurance typically covers the contents of your residence.

Consider purchasing contents insurance to safeguard your possessions within your home against damage or theft.

In the event of theft or damage, contents insurance is a great alternative because it covers not only your personal possessions but also the furniture, rugs, curtains, and other items inside your home. By purchasing belongings insurance, you may protect your finances and recoup the cost of replacing lost or damaged possessions.

Just be sure to first review the conditions of your provider's insurance policy to discover what is and isn't covered if you decide to purchase contents insurance.

Protecting yourself checklist

• Use the following checklist to make sure you're ready to live in your rental home:
• Please read and comprehend your lease. Before signing, enquire with the property manager or landlord if you have any questions.
• Know how much, how frequently, and how to pay your rent.
• Review and accept the condition report, or provide more proof of property damage.
• Be informed of your state's tenancy laws.
• Consider purchasing contents insurance to safeguard your possessions.

Seven Tips for Protecting Yourself While Renting in Australia

Whether you're looking for residences, a specific piece of property, or an existing sharing house, you can find the majority of private rentals in Australia online. Because of this, it's occasionally difficult to determine who is responsible for an advertisement and whether they are even legitimate (trust us, there are phoney marketers).

If you can, meet the person renting out the property or your possible housemates in person. This will not only allow you to confirm their legitimacy, but it will also allow you to determine whether the rental is a good fit for you.

It's important to get to know the individuals you'll be living with, so have a conversation with any prospective roommates about your routines, hobbies, and strategies for handling disagreements or problems. It's vital to understand what you're getting into because everyone has a distinct conception of what it means to enjoy a home and a living place.

Whether you can't meet in person, attempt to schedule a Skype or FaceTime call to learn more about them and see if you click with them.

Check out where you’ll be living. 

It's one thing to look at rooms and homes on the internet or in print, but you can't really get a sense of a place until you enter the front door. In today's world, photography is easily altered. A room that appears open and spacious online can actually be a dim, dreary basement. Bogus rentals are surprisingly widespread, much like fake advertisements.

Make it a point to tour the entire property before deciding, and if doing so in person isn't possible, see if you can phone them and have a video conversation using FaceTime or Skype.

Becoming a tenant 

You might have the choice to sign a tenancy agreement if you rent in Australia. If you rent through a real estate agency, this is typically a requirement of the procedure.

Co-tenancy, which entails signing the lease with at least one other tenant, may be an option if you share a private property with someone else. This means that everyone who signs the lease assumes responsibility for the acceptable maintenance of the home (such as cleaning) and, if mentioned in the rental agreement, the upkeep of any outdoor areas such as the garden.

All housemates should be listed on the lease, according to the majority of rental consulting services, as this increases everyone's protection in the event of a dispute. Change the names of the tenants in the lease if one leaves and another moves in.

Sometimes there is only one tenant listed on the lease, and the other occupants of the home are referred to as subtenants. This indicates that the only person liable for rent payments and other obligations, such as repairs, is the one named on the lease. You still have rights as a renter if you reside in a shared residence where this is the case. For further details, get in touch with your local state agency (contact details below).

Create a paper trail 

You should make sure that every significant transaction or agreement is documented in writing if you decide to take on a private rental yourself or join an existing sharing house. This implies that you will have hard evidence for everything. All official records, such as your rental agreement, bond, and other significant papers, should be in writing. To be able to refer to them if necessary, retain these documents for the life of your lease.

If a written contract doesn't exist, you can make one yourself or simply put everything in writing, such as in an email. Email is a fantastic tool for keeping everything in writing. Even though it isn't a formal agreement, it frequently nonetheless counts as written proof.

Send the person you spoke with on the phone an email as soon as you can after to let them know what you talked about.

If you move into an existing shared residence and are required to pay a bond, send the housemate in charge an email with all the bond information, and ask them to confirm it in their response. The bond should typically be legally filed with the appropriate state agency nevertheless. By doing this, a legal framework for the bond payment is ensured.

Make sure to provide written notice if you decide to vacate your rental. Make sure to email your landlord or property management if something needs to be corrected or altered before you move in so it may be retrieved in the event of a dispute. This backs up your knowledge of the agreement and safeguards you in the event of a dispute.

Ask your landlord or agent to confirm whether email is a suitable method of communication. Additionally, make sure the person you emailed responds to your email. This demonstrates that they accepted the terms of your email.

Record the condition of the space when you move in 

When you initially move in if you have a lease for a private rental, you will be sent a condition report along with your leasing agreement. Any existing damage to the property is described in the condition report, making it impossible for the landlord or real estate agent to hold you accountable for it after you vacate.

Check the condition report against the property before you move in. Any information you disagree with should be noted and sent back to your landlord or property manager immediately. It's also a good idea to take pictures of any damage, no matter how minor, so that you have documentation in the event of a dispute that you took reasonable care of the area throughout your tenancy.

Make sure bills and rent are paid fairly and on time

It will be up to you and your roommates to decide how to split the cost of your rent and other expenses like gas, electricity, and internet. If your rent does not cover utilities, one tenant often assumes responsibility. But occasionally, if rent and payments aren't carefully tracked, cracks can start to show.

Make sure any correspondence regarding rent and bills is documented in writing, just like everything else. Create an email chain that explicitly states what each roommate owes in case a bill arrives. A paper trail of rent and bill payments is also produced when using bank transfers rather than cash payments.

It's critical to pay your bills and rent on time. Your provider may eventually disconnect your services if bills are not paid. If enough time passes and you don't pay your rent, your landlord or real estate agent may eventually have to evict you. Make sure that everyone pays their fair share on time, and that the roommate who is in charge of handling the rent and other expenses does it effectively.

If you're having difficulties making your rent or bill payments, speak with your landlord, real estate agent, or bill provider as soon as you can to go over your choices.

Privacy and safety  

You have the right to privacy and a secure environment as a tenant.

If your landlord wants to come by the property, they must notify you in advance. Depending on the state you live in, they may need to give you a different length of warning, but they are never allowed to just show up. You have the freedom to decline admittance and ask for a time that works for you.

If there is a problem in your house, like a broken stove or a blocked water pipe, call your property manager or landlord right once. To have written documentation of the problem, take pictures and utilise email to contact with your property manager or landlord. Don't wait weeks to hear back from agents or landlords; urgent repairs need to be taken care of as soon as feasible.

Would you like to speak to a specialist? Book a complimentary discovery session by calling: (03)999 81940 or emailing team@klearpicture.com.au.

Summary

The landlord is responsible for providing and maintaining locks as well as security in the rented unit. You must notify your landlord or property management in writing if your home needs any repairs. The majority of the time, urgent repairs like replacing a busted water pipe should be completed 24 to 48 hours after the request is made. Consider purchasing contents insurance to safeguard your possessions within your home against damage or theft. The majority of private rentals in Australia are advertised online, so it's sometimes difficult to determine who is responsible for an advertisement and whether they are even legitimate.

Use the following checklist to ensure you're ready to live in your rental home. Before signing, enquire with the property manager or landlord if you have any questions. You might have the choice to sign a tenancy agreement if you rent in Australia. Co-tenancy, which entails signing the lease with at least one other tenant, may be an option. Everyone who signs the lease assumes responsibility for the acceptable maintenance of the home.

Record the condition of the space when you move in. Ask your landlord if email is a suitable method of communication. Create an email chain that explicitly states what each roommate owes in case a bill arrives. Make sure bills and rent are paid fairly and on time, just like everything else. It's critical to pay your bills and rent on time.

Your provider may disconnect your services if bills are not paid. If enough time passes and you don't pay your rent, your landlord or real estate agent may eventually have to evict you. You have the right to privacy and a secure environment as a tenant.