A rental agreement (often called “leasing”) can be written or verbal. It can be for a fixed duration (for example. B 6 or 12 months) or periodic (usually from month to month). The problem with oral agreements is that they can be difficult to implement. If there were to be a dispute, a court would have to hear evidence and decide which version of the truth should be accepted. In the event of a written agreement, courts are generally required to abide by the terms of the written agreement, even if they do not agree with them. The Victorian government has created a [Standard Form Tenancy Agreement]www.consumer.vic.gov.au/housing/renting/types-of-rental-agreements/lease-agreements-or-contracts _blank) which must be used by all rented accommodations if you violate the term of the lease for which you are responsible for the correction. If you are the tenant, this may mean that you are paying money to solve any problems caused by you or your guests. If you do not pay voluntarily to correct the infringement, you may be prosecuted for damages caused by the offence and/or possibly evicted by the owner.
Fixed end date – A lease agreement with a fixed end date gives a guarantee for both the landlord and the tenant. It indicates the exact day of the end of the lease. The advantage is that neither party is obliged to terminate the lease to terminate the lease, it simply expires on the specified date. In a fixed-term lease, the lessor cannot increase the rent or change other terms of the tenancy agreement unless he expressly reserves the right in the contract and the tenant accepts the changes. The lessor can deduct from the security deposit if the tenancy agreement ends and the tenant owes the landlord money for unpaid rent or damage to the premises. As a general rule, the owner cannot deduce an appropriate “wear” on the site (i.e. wear that results only from habitation in the premises). The owner can deduct for stains on carpets or countertops, large holes in the wall, and missing appliances and other things that are beyond reasonable wear. Before moving in, tenants and landlords must pass through the premises and note the existing damage.
This written account is called the condition report. Both the landlord and tenant should receive a copy of this report. It`s also a good idea to take pictures or a video of the state of the premises. This will help interpret the status report when there are disputes at the end of the lease. For more information on lease bonds, including deposit and loan application at the end of the lease, visit the Consumer Affairs Victoria website in www.consumer.vic.gov.au If your rent is less than or equal to $350 per week, most of the rent you can pay in advance is one month. But if your lease says your rent is paid each week, you can pay the most in advance, it`s 2 weeks. Note: Although the form has names for a “owner” and a “tenant,” these are only convenient terms – in subletting situations, the principal tenant should be mentioned as “owner” and the subtenant as “tenant.” If a term “fixed” is chosen, the tenancy agreement can be pursued at expiry if the landlord and tenant wish to do so. In some jurisdictions, the law requires it to become a term lease, usually from month to month, although this may vary. In other jurisdictions, the fixed-term lease may become an “at-will lease” or a “tenant with suffering” if it expires, which lasts only the length of time desired by both parties and is not subject to as important legal protection as a periodic tenancy agreement.