Ending a Tenancy




Abandonded Goods
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Avoiding Eviction for Rent Arrears
Bond Loan Scheme
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Bonds
Breaking a Lease
Changes to the Act
Claiming Compensation
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Defending a Compensation Claim
Ending a Tenancy
Enforcing a Tribunal Order
Evictions
Finantual Orders Against Tenants
Notices to Vacate
Pets
Privacy
Rent Increases
Repairs
Shared Households
Starting a Tenancy
The Landlord is Selling
The Tribunal
Utility Charges
When you want to leave

 

 

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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