Before you sign: what you must be told

Before you enter into a rental agreement (lease) the rental provider must tell you about certain matters to help you make an informed choice about renting the property. If they do not, they will have committed an offence under the Residential Tenancies Act 1997.

Essential information

These are the matters the rental provider must tell you before you enter into a rental agreement:

  • If they intend to sell the property
  • If they are not the owner, that they have the right to rent out the property
  • If they have a mortgage, whether any action is being taken by the lender to take possession of the property
  • If there is an embedded energy network, the name and contact details, and where to find details of the electricity charges. An embedded energy network is a joint supplier to all the apartments in a development
  • If there has been a homicide on the property in the last 5 years
  • If the property complies with rental minimum standards
  • If the rental provider has received a repair notice for mould or damp related to the building structure within the last 3 years. This requirement will apply from 21 December 2021
  • The date of the most recent safety checks, for gas, electrical safety and pool barrier compliance, and any outstanding recommendations for work on the property’s gas or electricity
  • If the property is heritage listed
  • If the rental provider knows about:
    • Contamination because of drug trafficking or cultivation on the property within the last 5 years
    • Asbestos found after inspection by a qualified inspector
    • A building or planning application lodged about the property
    • Any notice, report or order about a building defect or safety concern
  • If there is a current building work dispute
  • If there is an owners’ corporation dispute

The rental provider must also give you a copy of any owners’ corporation rules that apply to the property [section 30D, regulation 16].

Note that on this page sections in brackets, such as [section 30D], refer to sections in Victoria’s Residential Tenancies Act 1997. There are links to these sections in the Resources section below.

Non-disclosure is an offence

It is an offence for a rental provider not to make these disclosures before you sign a rental agreement [section 30D]. You can report offences to Consumer Affairs Victoria, which can issue an infringement notice on the rental provider or agent if they have failed to follow the law.

Resources

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