This leaflet tells you what to do when you are moving out of the property
you are renting. See the Breaking a lease and When you want to leave leaflets
for more information about how and when you can give notice to end your
tenancy.
When does the tenancy end?
Your tenancy ends when you vacate the property and hand in the keys. Make
sure you return the keys as soon as possible, as you can be considered
to still be in possession of the property (and liable to pay rent) while
you still have the keys.
If you gave notice to the landlord that you were leaving (see the When
you want to leave leaflet for more information), you can move out before
the notice expires. However, you will still be liable for rent until the
end of the notice period, unless the landlord finds new tenants before
the notice period expires.
Condition of the property
When you move out, you must leave the property in the same condition it
was in when you moved in, except for fair wear and tear. This means that
the condition of the property can reflect the amount of time you were
living there, and the landlord cannot claim against you for the cost of
repairing fair wear and tear. For example, if you lived in a property
for three years, it would be reasonable to expect some wear on the carpets,
paintwork etc.
You must also leave the property in a reasonably clean condition. This
does not necessarily mean that you must steam clean the carpets, although
landlords and agents often insist. What is considered 'reasonably clean'
depends on how long you have lived in the property and what state it was
in when you moved in.
If you filled out a Condition Report at the start of the tenancy, you
should fill out the section about the condition of the property when you
move out and try to get the landlord or agent to sign it. You should arrange
a joint inspection with the landlord or agent when you move out, to resolve
any potential disputes quickly. However, you cannot insist on the landlord
or agent inspecting the property with you.
If possible, take photographs of the property after you have cleaned it,
and have a friend come through the property who can give evidence about
the state of the property when you moved out.
Getting your bond back
At the end of the tenancy, you and the landlord or agent can agree as
to how the bond is to be distributed. You can agree that the bond be returned
to you in full, or that part or all of the bond be paid to the landlord.
When you reach an agreement, both you and the landlord or agent must sign
a Bond Claim Form and send it to the Residential Tenancies Bond Authority.
The Authority will then pay out the bond in accordance with your agreement.
The Authority will pay your bond directly into the bank account you nominate,
usually by the next business day after receiving the form.
However, if the bond was paid on your behalf by the Office of Housing,
you cannot agree to pay some or all of it to the landlord. The landlord
must apply to the Victorian Civil and Administrative Tribunal and name
the Office of Housing as a party to their application if they want to
claim against your bond.
If you and the landlord or agent cannot agree, the landlord or agent
must make an application to the Tribunal within 14 days of the end of
your tenancy. The landlord is not able to claim any money from your bond
without your agreement or without an order of the Tribunal. See the Bonds
and Bond loan scheme leaflets for more information.
It is illegal to refuse to pay your rent on the grounds that your bond
can be used as rent.
Getting a reference
If you are moving to another rented property, you will almost certainly
be asked for the name of your previous landlord or agent so they can be
contacted for a reference. You may ask for a written reference when you
leave, but your previous landlord or agent will probably be contacted
anyway.
Utilities & mail
Before you move out, you should arrange to have the gas, electricity,
water and phone disconnected at your old property on the day you move
out, and connected at your new property. You should also have your mail
redirected, which is done by filling out a form at any post office. There
is a small fee for this redirection service, and you will need some identification
to prove you are the person whose mail is being redirected.
You should leave a forwarding address with your landlord. It doesn't have
to be your new rental address, but could be care of family or a friend,
or a post office box. If you do not give the landlord a forwarding address,
you will not receive any notices from the landlord or Tribunal if they
make a compensation claim against you, or try to claim your bond. If you
do not leave a forwarding address, you may find out later that an order
for compensation has been made against you when you were never aware the
landlord had applied.
For more information, contact the Tenants Union on % (03) 9416 2577.
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