Victoria Lease Requirements: Prescribed Forms and Mandatory Terms

Victoria has strict requirements for rental agreements under the Residential Tenancies Act 1997 (effective 1 July 1997) — rental providers must use prescribed forms from Consumer Affairs Victoria and cannot include certain prohibited clauses. Non-compliance can result in penalties and unenforceable terms.

Prescribed Form

Victoria mandates the use of the Consumer Affairs Victoria (CAV) prescribed standard form for all written residential rental agreements.

Key Rules

• It is illegal for a rental provider or agent to prepare a written agreement that is not the official CAV standard form
• Rental providers must use Form 1 for fixed terms of 5 years or less, and Form 2 for fixed terms of more than 5 years
• Verbal agreements are legally binding but written agreements are strongly recommended for enforceability

Agreement Types

Fixed-Term Agreement

• Has a defined start and end date
• Cannot be ended early without cause or agreement from both parties
• Rent cannot increase during the term unless the agreement specifies the method
• At expiry, converts to periodic (month-to-month) if neither party acts

Periodic (Month-to-Month) Agreement

• Continues indefinitely until ended by either party
• Rental providers must give 90 days' notice to end (with valid reason); 'no-reason' notices are abolished
• Renters must give 28 days' notice to end
• Rent can be increased once per 12 months with 90 days' notice

Mandatory Agreement Contents

Every rental agreement must include:

1. Rent amount and payment method
2. Bond amount (if applicable)
3. Urgent repairs contact — phone number
4. Contact details — rental provider/agent full name, address, email
5. Agreement type and duration — fixed-term dates or periodic
6. Condition report reference
7. Pet permission — whether pets are approved (if applicable)

Prohibited Clauses

The following terms cannot be included in Victorian rental agreements:

| Making the renter pay for maintenance of safety equipment | Landlord's responsibility | Indemnifying the rental provider | Unenforceable | Paying the rental provider's VCAT costs | Not permitted | Paying insurance excess for landlord's policy | Renter not liable | Fixed fee for early termination without clear calculation basis | Must explain how calculated | Mandatory professional cleaning at end of tenancy | Only if professionally cleaned immediately prior to move-in and required to restore condition, allowing for fair wear and tear |

Documents Provided at Signing The rental provider must give the renter:

• A copy of the written rental agreement
• The "Renters Guide" from Consumer Affairs Victoria
• A condition report (two paper or one electronic copy)
• A complete set of keys (one per renter)
• Contact details for urgent repairs

Modifications During Tenancy

Changes to a rental agreement during the tenancy require:

• Written agreement from both parties
• Modifications should be documented as addenda to the original agreement
• Certain terms (e.g., rent, bond) have specific procedures for changes

Ending a Tenancy

Renter's Notice

• Periodic tenancy: 28 days' written notice
• Fixed-term: generally cannot end early without cause or mutual agreement
• Some circumstances allow early termination (family violence, property damage)

Rental Provider's Notice

• No-reason notices are abolished for all residential tenancies (from November 2025)
• 90 days' notice for most no-fault reasons (e.g., sale of property, owner moving in, or change of use)
• 14 days for fault-based reasons (nonpayment, breach)

Best Practices for Rental Providers

1. Always use the prescribed CAV standard form — Use Form 1 or Form 2 as appropriate
2. Review for prohibited clauses — Ensure no unlawful terms are included
3. Keep signed copies — Both parties should retain their copies
4. Provide all documents before move-in — agreement, guide, condition report, keys
5. Update templates regularly — Laws change frequently in Victoria
6. Seek legal review — Have a property lawyer review your standard terms

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