Disasters

The rental provider (landlord) is responsible for repairs or cleanups needed after a disaster. The renter is only responsible for cleaning from their own use of the property.

If you have trouble getting the rental provider to act, there are steps you can take to get repairs done.

If the repairs are not urgent and the rental provider does not take action you can give them a notice for repairs to be carried out within 14 days.

If repairs are urgent, you should contact the rental provider immediately to get them fixed. If you phone them also put the issue in writing.

For all repairs record the damage that needs repairing through photos, videos and written notes.

For more information on the process for repairs under Victoria’s rental laws, including working out if your repairs are urgent, or non-urgent, see our page Repairs and maintenance.

Immediately after a natural disaster a rental provider can give you a notice to vacate for you to leave your rental home if it is unfit for human habitation, unsafe or totally destroyed, under section 91ZL of Victoria’s rental laws, the Residential Tenancies Act 1997.

You might not agree that your rental home is ‘unfit for human habitation’ or ‘unsafe’.

If you are in doubt, or have any questions after receiving such a notice, seek help from Tenants Victoria, a community legal centre, a Tenancy Assistance and Advocacy Program service for private renters or the Tenancy Plus program for renters in public housing.

If the rental provider gives you a notice to vacate due to a disaster and you do not want to leave, remain in the property and wait until the rental provider applies to VCAT, the Victorian Civil and Administrative Tribunal, for a possession order to evict you.

At the hearing for the application tell VCAT why you think the possession order should not be made.

However, keep in mind that if VCAT decides the property is unfit for habitation, it will likely issue a possession order, and you may have limited time before you must leave.

Property is unfit to live in

If the property is destroyed, or damaged so that it is unsafe or unfit to live in, you can give the rental provider a notice of intention to vacate to end the rental agreement (lease) immediately, under section 91ZD of the Residential Tenancies Act.

The rental provider might not agree that the property is ‘unfit for human habitation’ or ‘unsafe’ and might try to claim ‘lease break’ costs from you.

To defend against such a claim, make sure you have enough evidence to support your position. For more information see the section headed ‘Property is unfit or unsafe’ on our Ending your lease page.

Property is still safe to live in

If the property is still safe to live in but you want to end the lease early, you must negotiate this with the rental provider.

If the rental provider does not consent, they may ask you to pay lease-breaking costs.

Find out what you need to consider if you want to end the lease early on our Lease breaking page.

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

Generally, landlord insurance does not cover emergency accommodation for renters.

As the renter you will usually need to pay for replacing your damaged or destroyed possessions in a disaster. This is because you are responsible for insuring your own belongings. Landlord insurance does not cover damage to a renter’s property in a disaster.

If the property is affected because the rental provider did not follow their duties under Victoria’s rental laws, you may be able to claim compensation for damaged goods. For example, if they failed to fix a hole in the roof and this resulted in stormwater getting in and damaging your belongings.

If the property is damaged, but still safe to live in, you can claim compensation for not being able to use some of the property until it is fixed.

For more information about compensation claims, please see our page Compensation for renters.

If the property you are renting is destroyed, or damaged so that it is unfit to live in, and you give the rental provider a notice of intention to vacate to end the rental agreement immediately under section 91ZD of the Residential Tenancies Act, you should stop paying rent once you have moved out.

If the property is damaged but remains safe to live in, you still have to pay rent. However, you can try to negotiate a rent reduction with the rental provider or seek compensation later.

For more information on seeking compensation see our page Compensation for renters.

If the property is destroyed, or damaged to the point that it is unsafe or unfit to live in, when the lease ends you can claim your bond back from the Residential Tenancies Bond Authority.

You should get the entire bond back, unless you have agreed to repay expenses paid by the rental provider to clean or repair the property. However, the rental provider should not use your bond for damage caused by the disaster – this is their responsibility.

If the rental provider wants any of your bond, and you do not agree with them, they will need to apply to VCAT.

For more information see our Bonds page.

Disaster Legal Help Victoria connects people with legal help for problems that happen after a disaster.

Below are links to the laws on topics set out on this page.

Repairs and maintenance
Compensation for renters
Bonds
Ending your lease
Lease breaking