Disasters

If your home is damaged by a storm, flood or bushfire, our guide to frequently asked questions helps you understand your rights and the steps you can take. It also includes a checklist on how to deal with repairs, report damage and find emergency housing if you need it: When disaster strikes – FAQs for renters.

The landlord (officially called the rental provider) is responsible for any repairs or cleanup needed after a disaster. If you have trouble getting your landlord to act, there are steps you can take to get repairs done.

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

Your landlord or their agent should get non-urgent repairs done within 14 days of you reporting the problem to them.

If repairs are urgent, your landlord should get them done as soon as possible after you report them. This generally means within 48 hours.

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 on repairs and maintenance.

Immediately after a natural disaster, your landlord can give you a notice to vacate. This notice is usually on the grounds that the property is unsafe or unfit for human habitation.

You might not agree that your rental home is ‘unfit for human habitation’ or ‘unsafe’. If you have any questions after receiving a notice to vacate, seek help.

For more information 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.

Property is unfit to live in

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 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. Then move out and return the keys

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

To challenge a claim, make sure you have evidence to support your position. For more information see ‘Property is unfit or unsafe’ on our page about ending or breaking your lease.

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 your landlord.

If your landlord does not consent, they may ask you to pay lease break costs.

Find out what you need to consider if you want to end the lease early on our page about ending or breaking your lease.

The landlord 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 after 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 landlord did not follow the 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 may be able to claim compensation for not being able to use some of the property until it is fixed.

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

If the property is destroyed, or damaged so that it is unfit to live in, and you give the landlord a notice of intention to vacate to end the rental agreement immediately, 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 landlord or seek compensation later.

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

You should get the entire bond back, unless you have agreed to repay your landlord for any cleaning or repairs not caused by the disaster. The landlord should not use your bond to pay for damage caused by the disaster – this is their responsibility.

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).

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

The Residential Tenancies Act 1997 is Victoria’s main law for renting.

The sections in this list relate to the information on this page.

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