Disasters

Your landlord (officially called your rental provider) or agent should get urgent repairs done as soon as possible after you report them. This generally means within 48 hours. If your safety is at risk, or if the property has been seriously damaged, they should take action to make the property safe immediately.

Disasters can affect a property in lots of ways, for example:

• Missing or damaged roof panels
• Broken windows
• Cracked walls
• Unstable footings or erosion
• Collapsed fences
• Fallen trees
• Smoke or mould contamination
• Flooded electrical systems
• Broken water tanks
• Contamination from flood waters or effluent
• Blocked driveways

To learn more about mould repairs after a flood, watch our video: Renting and Disasters – Look out for mould.

For a list of repairs the law considers urgent and steps for getting them done, see our page on repairs and maintenance.

A non-urgent repair is anything not on the list of urgent repairs. Your landlord (officially called the rental provider) or their agent should get non-urgent repairs done within 14 days of you reporting the problem to them.

Find out more about non-urgent repairs and the steps for getting them done on our page on repairs and maintenance.

The landlord (officially called the rental provider) or agent has a right to enter the property to inspect disaster damage and to give access to tradespeople to do repairs. However, they must follow the entry requirements under the law.

Unless you consent, the landlord must give you 24-hours written notice before coming to inspect the damage or sending a tradesperson or other contractor to your home. If they do not, you don’t have to let them in.

It is an offence for the landlord or their agent to enter your home if they have not followed the entry requirements under the law, unless they have a reasonable excuse, such as an emergency.

For more information on when and how the landlord or their agent can enter your home, see our page on privacy and entry.

After disasters, repairs can take longer than usual. Sometimes this is for reasons beyond the control of the landlord (officially called the rental provider). But the law requires them to keep trying to get repairs done as soon as possible.

If you have trouble getting the landlord to do the repairs, there are steps you can take. You can send a ‘notice of breach of duty’ or apply to Rental Dispute Resolution Victoria (RDRV).

Even if your landlord has insurance, or is waiting for a response to an insurance claim, this does not excuse them from their responsibility to organise repairs.

For more information about requesting repairs and what to do if your landlord does not complete the repairs, see our page on repairs and maintenance.

If you need repairs done at your property after a disaster, you can request both urgent and non-urgent repairs straight away through Rental Dispute Resolution Victoria (RDRV).

RDRV is free and can help you negotiate with your landlord (officially called the rental provider).

If you don’t reach an agreement through RDRV, the dispute can go to a formal hearing at the Victorian Civil and Administrative Tribunal (VCAT).

For more information, see our page about going to RDRV.

Deciding whether a property is unfit for habitation is usually based on the state of the property at the time the notice to vacate is given.

There is no clear definition in legislation of when a property is uninhabitable. Even if a landlord, agent, insurer or the Victoria State Emergency Service (SES) says the property is unfit for habitation, this does not mean it will be the case under Victoria’s renting laws.

For example, based on previous legal cases, the property will be unfit for habitation ‘if the state of repair of a premises will lead to an expected or naturally occurring injury through the ordinary use of the premises’. However, how this definition applies can vary. For example, even if one room could be unfit due to a hole in the roof, this will not always mean the entire property is unfit for habitation.

Each situation is different. For example, if the damage can be contained, easily avoided and easily repaired, the property may not meet the definition of being uninhabitable.

It is best to seek advice. This page has information on where you can get free legal help.

If the property is destroyed or damaged so that it is clearly unsafe or unfit to live in, you don’t have to keep living there. To end your lease (officially called your rental agreement) immediately you can either:

• Agree with the landlord (officially called the rental provider) to end the lease. Get this agreement in writing, including the end date of the lease
• Give the landlord a ‘notice of intention to vacate’ on the basis that the property is unsafe or unfit for human habitation

If you give the landlord a notice of intention to vacate, this can be an immediate notice. This means you can return your keys on the same day as you give the notice, or you may provide a date to give you time to look for accommodation.

If the landlord does not agree that the disaster has left the property unsafe or unfit to live in, they might try to claim ‘lease-break’ costs from you. You can challenge this claim at Rental Dispute Resolution Victoria (RDRV). Use any photos or videos you took of the damage to support your position. For more information about challenging a claim, see our page on claiming compensation.

If you challenge this claim, be aware that deciding if a property is fit for habitation is usually based on the condition of the property at the time you gave your notice of intention to vacate, not its condition on the date you leave.

If a property is unfit or unsafe to live in and you want to end your lease, see our page on ending or breaking your lease.

Stop paying rent if your lease ends

If the property is unsafe or unfit to live in and you give the landlord a notice of intention to vacate, you should:

• Move out
• Return the keys
• Stop paying rent
• Ask your landlord, agent or financial institution to cancel any automatic direct debits
• Contact your utility providers to let them know you have moved out, and to request final meter readings

If it is difficult to get final meter readings, or you get an excessive utility bill because of the disaster, you can make a complaint to the Energy and Water Ombudsman Victoria.

If you have paid any rent in advance, ask your landlord to refund it. If they do not refund it, you can seek compensation. For more information about compensation claims, see our page on claiming compensation.

If you need to leave your home because it is unsafe or unfit to live in but plan to return after it has been made safe, tell your landlord (officially called your rental provider) or agent in writing that you are only moving out temporarily, and that you do not intend to end your lease (officially called your rental agreement). Also let them know about the damage and repairs required. Call first and follow up with a text message, email or letter with any photos attached. Learn more on this page about getting repairs done.

The landlord is not required to provide alternative accommodation after a disaster.

Seek information about where to find emergency accommodation, including:

• Calling the Victorian Government housing crisis service on 1800 825 955 (free call, 24 hours)
• Asking other residents or emergency services for guidance
• From an emergency relief centre, if one has been established

See this page for more information about getting help.

A notice to vacate is a request in writing from your landlord (officially called your rental provider) or their agent asking you to move out. They must tell you why and give you a date to leave by, called the ‘termination date’.

After a disaster, a notice to vacate is usually on the grounds that the property is unsafe or unfit for human habitation. There is no specific notice period, and the notice may ask you to leave immediately or later. You don’t need to move out by the termination date in the notice.

Eviction is when your landlord or their agent makes you move out. It is illegal for the landlord or agent to try to physically evict you or have the locks changed. To evict you, they must follow all the legal steps. And even if your landlord does follow these steps, you may still be able to stay.

Your landlord or agent must follow all these steps:

1. Give you a legally valid notice to vacate: Receiving a notice to vacate does not mean you have to move out. For example, you can ask your landlord or agent if you can stay or if you can have more time to move out. Or you can challenge the notice to vacate at VCAT.
2. Apply to VCAT for a possession order: If you don’t move out by the termination date in the notice to vacate, your landlord or agent can apply to VCAT for a possession order. VCAT will hold a possession order hearing – you can go to this and have your say. If VCAT decides not to grant the possession order, you won’t have to move out.
3. Get a ‘warrant of possession’ from VCAT: If VCAT grants the possession order and you don’t move out by the date in the order, your landlord or agent can get a ‘warrant of possession’ from VCAT.
4. Give the warrant of possession to the police: This warrant gives the police the power to carry out the eviction. Only the police can carry out the eviction and only when they have a warrant of possession.

If VCAT does grant a possession order, at the hearing you can ask VCAT to postpone (delay) the warrant or possession to give you more time to move out. VCAT can delay the day of possession by up to 30 days in some circumstances, such as you are facing homelessness or other severe hardship. However, there is no guarantee VCAT will give you extra time if there is an unacceptable risk of harm if you stay. Bring any evidence of hardship to the hearing, such as medical certificates for serious health issues.

To learn more about how the notice to vacate must be delivered to you and what you can do if you get one, see our page on notices to vacate and eviction. If you receive a notice to vacate, seek legal help as soon as possible. This page has information on where you can get free legal help.

If your lease ends and you have returned the keys, you can claim your bond back straight away from the Residential Tenancies Bond Authority (RTBA).

Landlords and agents should agree to return your full bond unless they believe there are problems not caused by the disaster that your bond should pay for, such as rent you owe or damage you caused.

If the landlord wants any of your bond, and you don’t agree with them, they will need to apply to Rental Dispute Resolution Victoria (RDRV). An RDRV resolution coordinator guides discussion between you and your landlord as you try to reach an agreement. If you and your landlord cannot agree, the resolution coordinator can refer the dispute to VCAT for a formal hearing. VCAT will then decide how the bond is to be paid out. VCAT should ensure you are not responsible for any claims by the landlord that are not your fault, such as damage caused by the disaster.

For more information about getting your bond back, see our page about bonds.

You do not have to restore the property to its original condition if the disaster clearly caused the damage or lack of cleaning, or if considerable cleaning or repairs will be required.

Any lease terms requiring steam cleaning, or similar responsibilities, should not apply if the disaster has made these things unrealistic or pointless.

Even if the property is safe to live in, you may still want to end the lease (officially called the rental agreement) early. A lease can be ended at any time, without giving formal notice, if the landlord (officially called your rental provider) agrees to it. Try asking for the landlord’s consent to leave without having to pay any extra costs. Get any agreement in writing, including the end date of the lease.

If the landlord does not agree to you ending the lease early, you can end it by giving a notice of intention to vacate, moving out and handing back the keys. If you have a periodic lease (month to month), you typically need to give a minimum of 28 days notice. In some circumstances, you can give less notice.

The landlord might try to claim ‘lease-break’ costs from you, including lost rent, advertising costs and a re-letting fee.

Learn about notice periods and what you need to consider if you want to end your lease early on our page about ending or breaking your lease. If your lease ends, this page has information on getting your bond back.

If the property is damaged but remains safe to live in, you still must pay the full rent. However, if the damage prevents you from using all or part of your home, you may be able to negotiate a rent reduction.

Getting a rent reduction

If the property is damaged but remains safe to live in, you can try to negotiate a rent reduction with the landlord (officially called the rental provider) or agent while you wait for repairs. Try asking for a rent reduction that reflects how much of the property you cannot use or enjoy. For example, if you cannot use the kitchen, request a reduction that reflects that loss.

If they refuse your request, continue paying full rent on time to avoid getting behind on your rent, which could lead to eviction. But if any delays to the repairs are the landlord’s fault, you may be able to seek compensation. See this page for more information about getting compensation for damage or delays with repairs.

You can apply to Rental Dispute Resolution Victoria (RDRV) for a rent reduction if:

• The disaster has caused damage to facilities, such as a garage, swimming pool, sheds or other outbuildings
• Your landlord has reduced or removed any services without reducing the rent

The first step is to ask Consumer Affairs Victoria to assess whether they should reduce your rent. The Consumer Affairs Victoria website explains the steps in this process and what to do if your landlord still refuses to lower the rent, even if Consumer Affairs Victoria recommends a reduction.

For more information about getting a rent reduction after a disaster, see our video: Renting and disasters – Rent reductions.

Check the local bushfire and flood risk in your area and learn about the disaster history.

Find out about flood risk by:

• Checking local flood guides on the Victoria State Emergency Service website
• Getting a flood level certificate from Melbourne Water or your local catchment authority

Learn about bushfire risk by contacting your local council to check if a bushfire management overlay (BMO) affects the rental property. A BMO is a local planning control on land that is at significant risk of bushfire.

For daily fire danger ratings, see the VicEmergency and Country Fire Authority (CFA) websites.

Get to know local evacuation routes and your closest bushfire shelters. Consider how potential hazards could affect your circumstances.

If you live in an apartment, familiarise yourself with emergency exit plans and how to safely leave if the building loses power.

Learn in advance where to find reliable emergency information.

Download the VicEmergency App and set up a watch zone to receive emergency alerts for your area.

For information on Victoria’s emergency warning system, bookmark the Emergency Management Victoria website. For weather forecasts and warnings, see the Bureau of Meteorology website.

If a disaster is near or has struck, your local ABC Radio station is an authoritative source of information and advice. Find the frequency of your local station by visiting the ABC Emergency website or downloading the ABC listen app.

Get to know others in your local community. Often useful information comes word-of-mouth from other residents, and neighbours can be the first to arrive and assist.

Temporary disaster recovery centres, as well as your local neighbourhood house, can be useful places to meet other residents and to get local disaster recovery information. Find out if there is a local community Facebook page or neighbourhood WhatsApp group to join.

Having an emergency plan helps you think clearly and make better decisions in the moment. Keep the plan in a safe and accessible place and review and practise it regularly with your family or housemates so everyone knows what to do.

The Red Cross has useful information, including:

• Get Prepared app for creating a plan
• RediPlan disaster preparedness guide for helpful hints on preparing for disasters
• Factsheets for preparing for disasters for people more at risk, such as older people, people with disability and people with children
• Register-Find-Reunite service for a useful way to let family, friends and emergency services know that you are safe

To plan for pets, the RSPCA has an emergency guide for pets [PDF] .

Learning about your renting rights before a disaster puts you in a better position to respond in a timely and informed manner. Download and print copies of our factsheets:

• Renting and disasters – Legal basics [PDF]
• Renting and disasters – Disaster response checklist [PDF]

Include these in your emergency kit.

Watch our short videos about your rental rights when disaster strikes. They have important tips, including where to find free legal help.

Pack an emergency kit and store it in an easy-to-find location. For items to include, see:

• The Red Cross’s Get packing checklist [PDF]
• The Victorian Government’s My Personal Bushfire To-Do List [PDF]

Keep in mind any unique needs – extra items could be important.

When you leave your rental property before or after a disaster, you may not be able to return for some time. Remember to take important documents with you, including your ID, insurance policies, financial records and prescriptions.

Safeguard important legal documents such as wills, rental agreements, birth certificates, passports, visas, insurance documents, and Centrelink or Medicare papers. Keep copies in a fireproof and waterproof box and create and store electronic copies so you can access them from any location.

Disaster Legal Help Victoria has tips on being legally prepared in its Disaster Checklist [PDF]. Justice Connect has a tool on how to store important documents electronically called Get ePrepared.

As a renter, you are usually responsible for insuring your own belongings and finding an alternative place to live if a disaster leaves your home uninhabitable.

Renters insurance usually includes home contents insurance. Your policy may also offer temporary accommodation coverage as an option. If it does, carefully check the terms of cover to make sure it is right for you. Policies often limit the payout for alternative accommodation to a maximum percentage of the total amount insured, for example, 10%. This means you are only covered for a limited time.

For more information on contents insurance, see the MoneySmart website. For information on lodging a claim or disputing an insurance decision, see the Disaster Legal Help Victoria website.

Document your belongings for insurance purposes

If you take out home contents insurance, keep a current list of your belongings. Update this list and amount of insurance cover, if any, when you get new things.

Take photos or videos of valuable items, including any serial numbers, as well as receipts as evidence of purchase.

Remember to back up and store an electronic version of your documents in the cloud.

Your landlord (officially called your rental provider) is responsible for clearing gutters, major pruning and removal of trees, shrubs and plants.

You can also do useful things before the disaster season, including removing items from around the exterior of the property that could catch fire easily, such as doormats and outdoor furniture.

If your property needs any repairs or has any issues that could increase the risk of damage to your belongings or the property, inform your landlord in writing. This could be a blocked drain, overflowing or blocked gutters, dead or overhanging trees, or empty emergency water tanks. If your landlord does not respond to your request, they may be responsible for any damage.

This information can help you prepare:

• For what to do leading up to bushfire season, see the Victorian Government’s My Personal Bushfire To-Do List [PDF]
• For checklists of what to do leading up to and on bad fire days, see the Country Fire Authority’s Your Guide to Property Preparation [PDF]
• For flood preparation, see the Victoria State Emergency Service’s (SES’s) Flood Checklist [PDF]

If you need support after a disaster, help is available.

There are step-by-step guides, self-help tools and other resources to assist you with bonds.

The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of renters and landlords in numbered sections.

The sections in this list relate to condition of premises. Click on a link to see more about the section.

• Section 91ZL – Condition of premises
• Section 91ZD – Premises destroyed or unfit for habitation
• Section 91U – Reduction or termination of fixed term residential rental agreement because of hardship
• Section 142P – Termination if room or rooming house destroyed
• Section 206AL – Notice if caravan destroyed or unfit for habitation

The Residential Tenancies Regulations 2021 provide more detail and definitions, and specify updates to the Residential Tenancies Act.