Victoria Lease Requirements: Prescribed Forms and Mandatory Terms

Victoria has strict requirements for rental agreements — 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.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a licensed legal practitioner in Victoria for guidance specific to your situation. Information last verified: March 2026.

Prescribed Forms

Victoria mandates the use of Consumer Affairs Victoria (CAV) prescribed forms for written rental agreements:

Key Rules

• It is illegal for a rental provider or agent to prepare a written agreement that is not on a CAV form
• Either Form 1 or Form 2 can be used for agreements over 5 years, though Form 2 includes specific provisions for longer terms
• 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)
• 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:

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

• Must provide a valid reason (from November 2025)
• 90 days' notice for non-fault reasons
• 14 days for fault-based reasons (nonpayment, breach)

Best Practices for Rental Providers

1. Always use prescribed CAV forms — Any other format is illegal
2. Review for prohibited clauses — Ensure no unlawful terms sneak in
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

How Landager Helps

Landager helps rental providers manage rental agreements by tracking agreement types, renewal dates, and key terms. Our dashboard stores all agreement documents and alerts you to upcoming expirations and required actions.

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