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Residential Tenancy Agreement Template

A residential tenancy agreement records the terms under which a tenant rents a home from a landlord. Use our free Australian template to create a comprehensive agreement compliant with your state's Residential Tenancies Act — covering rent, bond, inclusions, condition reports, and the statutory rights and obligations of both parties.

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RESIDENTIAL TENANCY AGREEMENT
Victoria · Commonwealth Of Australia
LANDLORD
James O'Brien
12 Collins Street, Melbourne VIC 3000 · +61 3 9876 5432 · jobrien@property.com.au
TENANT
Sarah Mitchell
7 Park Lane, Richmond VIC 3121 · +61 412 345 678 · sarah.mitchell@email.com
45 Wattle Drive
House / 3 bed / 2 bath · Parking: 1 garage
This Residential Tenancy Agreement ("Agreement") is entered into by and between James O'Brien (the "Landlord") and Sarah Mitchell (the "Tenant") for the residential premises described herein. This Agreement is made subject to and in accordance with the Residential Tenancies Act 1997 (Vic) and all applicable Commonwealth and state legislation. In the event of any inconsistency, the Residential Tenancies Act 1997 (Vic) prevails.
1.
PREMISES
The Landlord agrees to rent to the Tenant the residential premises located at 45 Wattle Drive, Doncaster VIC 3108, Victoria, Australia (a House). The premises shall be used exclusively as a private residential dwelling and for no other purpose. The Tenant shall not carry on any business from the premises without the prior written consent of the Landlord.
2.
TENANCY TERM
This is a fixed-term tenancy commencing on 1 May 2026 and expiring on 30 April 2027. Upon expiry of the fixed term, unless either party provides written notice of termination in accordance with the Residential Tenancies Act 1997 (Vic), the tenancy shall continue as a periodic (month-to-month) tenancy on the same terms and conditions.
3.
RENT
The Tenant shall pay rent to the Landlord in the amount of 450.00 AUD per week, payable in advance on Monday of each week. Rent shall be paid by Bank transfer (EFT). The Landlord must provide the Tenant with a receipt for each rental payment if requested. Rent may not be increased during a fixed-term tenancy without both parties' written agreement, and must comply with minimum notice requirements under the Residential Tenancies Act 1997 (Vic). In most states, rent increases require at least 60 days' written notice and, in some states, may not occur more than once every 12 months.
4.
BOND
The Tenant shall pay a rental bond (security deposit) of 1,800.00 AUD prior to or upon commencement of the tenancy. The bond must not exceed the equivalent of four (4) weeks' rent under most state acts, though specific limits may vary. The bond shall be lodged with Residential Tenancies Bond Authority (RTBA) within the timeframe prescribed by the Residential Tenancies Act 1997 (Vic). The bond shall be returned to the Tenant at the end of the tenancy, less any lawful deductions for damage beyond fair wear and tear, unpaid rent, or other amounts owed under this Agreement. The Tenant's bond is protected by statute and may only be claimed under the grounds permitted by the Residential Tenancies Act 1997 (Vic).
5.
PERMITTED OCCUPANTS
The premises shall be occupied only by the Tenant(s) named in this Agreement. The Tenant must not permit any other person to reside in the premises without the prior written consent of the Landlord. The addition of occupants that would cause the premises to be overcrowded is not permitted. The Tenant remains responsible for the conduct of all occupants and guests.
6.
PERMITTED USE
The premises shall be used solely as a private residential dwelling. The Tenant shall not use or permit the use of the premises for any unlawful purpose, for any purpose that constitutes a nuisance, or for any business, commercial, or industrial activity without prior written consent.
7.
UTILITIES
The following utilities are included in the rent: Water. The Tenant is responsible for separately connecting and paying for: Electricity, Gas, Internet / NBN. The Landlord must ensure the premises are connected to mains electricity and water where available. The Tenant must not tamper with meters, connections, or safety devices.
8.
MAINTENANCE AND REPAIRS — LANDLORD
The Landlord shall maintain the premises in a reasonable state of repair and fit for habitation, in compliance with all applicable building, health, and safety standards. The Landlord shall: (a) ensure that all fixtures, fittings, and appliances supplied are in good working order at the commencement of the tenancy; (b) carry out urgent repairs within the timeframe required by the Residential Tenancies Act 1997 (Vic); (c) maintain smoke alarms in compliance with state fire safety legislation; and (d) keep the premises structurally sound, weatherproof, and free of significant pests.
9.
MAINTENANCE AND OBLIGATIONS — TENANT
The Tenant shall: (a) keep the premises reasonably clean and in a tidy condition; (b) notify the Landlord promptly in writing of any damage, defect, or required repair; (c) not intentionally or negligently damage the premises or any fixtures, fittings, or inclusions; (d) not carry out alterations, additions, or improvements without the Landlord's prior written consent; and (e) leave the premises in the same state of cleanliness and condition as at commencement, allowing for fair wear and tear.
10.
LANDLORD ACCESS AND ENTRY
The Landlord (or agent) must not enter the premises without providing at least 24 hours written notice to the Tenant, except in the case of emergency. Notice requirements for specific purposes (inspections, repairs, showing the property) are prescribed by the Residential Tenancies Act 1997 (Vic): NSW requires 24 hours minimum; VIC, QLD, WA, and SA generally require 24–48 hours depending on purpose. Entry must be at a reasonable time, between 8:00 AM and 6:00 PM on a business day unless the Tenant consents otherwise. The Landlord must not abuse the right of entry.
11.
PETS
No pets or animals of any kind are permitted at the premises without the prior written consent of the Landlord. Note: In Victoria, the Residential Tenancies Act 1997 (Vic) (as amended 2020) prohibits landlords from unreasonably refusing consent to pets; tenants may apply to VCAT if consent is withheld without reasonable grounds. Similar reform may apply in other states — check current legislation in the applicable jurisdiction.
12.
ASSIGNMENT AND SUBLETTING
The Tenant must not assign, sublet, or otherwise part with possession of the premises or any part thereof without the prior written consent of the Landlord. Any purported assignment or subletting without consent is a breach of this Agreement and may give rise to a right of termination. The Landlord's consent is governed by the Residential Tenancies Act 1997 (Vic).
13.
TERMINATION AND NOTICE TO VACATE
At the end of this Agreement or upon valid notice of termination, the Tenant must vacate the premises, return all keys, and leave the premises in the same condition as at commencement (allowing for fair wear and tear). Minimum notice periods are governed by the Residential Tenancies Act 1997 (Vic). For periodic tenancies, the Tenant typically must give 14–21 days' notice; the Landlord typically must give 30–90 days' notice depending on the state and grounds. For fixed-term tenancies, the applicable Act prescribes notice periods for both parties. A condition report shall be completed at the commencement and end of the tenancy.
14.
LANDLORD INSURANCE
The Landlord is encouraged to maintain an appropriate landlord insurance policy covering loss of rental income, malicious damage by tenants, public liability, and legal expenses associated with tenancy disputes. The Tenant acknowledges that the Landlord's insurance does not cover the Tenant's personal belongings; the Tenant is responsible for obtaining contents insurance for their personal property at the premises.
15.
DISPUTE RESOLUTION
Any dispute arising under or in connection with this Agreement shall first be attempted to be resolved through direct negotiation between the parties in good faith. If unresolved within 14 days of the dispute arising, either party may apply to Victorian Civil and Administrative Tribunal (VCAT) for conciliation, mediation, or determination in accordance with the Residential Tenancies Act 1997 (Vic) and the applicable tribunal's procedures. The tribunal has broad powers to make orders regarding rent, repairs, bond, and termination. The parties acknowledge that the applicable state tribunal is the primary dispute resolution body for residential tenancy disputes in Victoria. Legal proceedings in a court of general jurisdiction remain available for matters outside the tribunal's jurisdiction.
16.
GOVERNING LAW
This Agreement is governed by and construed in accordance with the Residential Tenancies Act 1997 (Vic) and the laws of Victoria, Australia. Where applicable, Commonwealth legislation (including the Privacy Act 1988 (Cth) and the Electronic Transactions Act 1999 (Cth)) also applies. In the event of any inconsistency between this Agreement and the Residential Tenancies Act 1997 (Vic), the Act prevails to the extent of the inconsistency.
17.
GENERAL PROVISIONS
Entire Agreement: This Agreement, together with any attached Schedule of Conditions, constitutes the entire agreement between the parties with respect to the tenancy. Amendment: No amendment shall be valid unless in writing and signed by both parties, subject to any amendments made by operation of law. Severability: If any provision is unenforceable or contrary to the Residential Tenancies Act 1997 (Vic), the remaining provisions remain in full force. Joint and Several Liability: Where more than one Tenant is named, each Tenant is jointly and severally liable for all obligations under this Agreement. Electronic Execution: Electronic signatures are valid under the Electronic Transactions Act 1999 (Cth) and equivalent state legislation. Condition Report: A condition report as required by the Residential Tenancies Act 1997 (Vic) must be completed, signed, and provided to the Tenant at commencement of the tenancy.
18.
ADDITIONAL CONDITIONS
Tenant must maintain front and back lawns in a neat condition. No alterations to the premises without the Landlord's prior written consent.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.
LANDLORD
James O'Brien
Date: ____________________
TENANT
Sarah Mitchell
Date: ____________________

What Is a Residential Tenancy Agreement?

A residential tenancy agreement is a contract between a landlord (or landlord's agent) and a tenant, granting the tenant the right to occupy premises as a home in exchange for rent. In Australia, residential tenancies are highly regulated — with extensive statutory rights and obligations that override the parties' agreement, prescribed standard forms, bond lodgement requirements, and tribunal forums for disputes.

Each state and territory has its own residential tenancies regime: Residential Tenancies Act 2010 (NSW), Residential Tenancies Act 1997 (Vic), Residential Tenancies and Rooming Accommodation Act 2008 (Qld), Residential Tenancies Act 1995 (SA), Residential Tenancies Act 1987 (WA), Residential Tenancy Act 1997 (Tas), Residential Tenancies Act 1997 (ACT), and Residential Tenancies Act 1999 (NT). Each Act prescribes a standard form agreement, bond caps (typically 4 weeks' rent), notice periods, and the tribunal empowered to hear disputes.

Australian state Acts include mandatory "prescribed terms" that apply whether or not the written agreement records them. Examples include the Australian landlord's duty to provide premises in reasonable repair and clean condition, the tenant's duty to pay rent on time and keep the premises reasonably clean, rules on entry with notice, and limitations on modifications. A well-drafted Australian tenancy agreement records the additional matters — term, rent amount, bond, inclusions — while respecting the statutory framework.

What's Covered in This Template

Our residential tenancy agreement template includes every term a state-compliant residential lease needs.

Landlord and Tenant Details

Full legal names, addresses, and agent details where applicable.

Premises Address

Full address and description of the rented premises.

Tenancy Term

Fixed term (start and end dates) or periodic tenancy.

Rent Amount

Weekly or fortnightly rent in AUD.

Payment Method

Bank transfer, direct debit, or other permitted method.

Bond (Security Deposit)

Bond amount (within state cap) and lodgement details.

Inclusions

Furniture, appliances, and fittings included in the rental.

Utilities and Water Charges

Which utilities the tenant pays separately.

Condition Report

Reference to the condition report at commencement.

Pets

Whether pets are permitted and any conditions.

Rent Increases

Notice period for rent increases under state law.

Termination and Notice

Notice periods and grounds for ending the tenancy.

How to Create a Residential Tenancy Agreement

Follow these steps to produce a state-compliant tenancy agreement in minutes.

  1. 1

    Enter Party Details

    Provide landlord, agent (if any), and tenant legal names and addresses.

  2. 2

    Describe the Premises and Term

    Specify the address, fixed or periodic term, and start date.

  3. 3

    Set Rent and Bond

    Enter the rent amount, frequency, bond (within state cap), and payment method.

  4. 4

    List Inclusions and Conditions

    Document furniture, appliances, pet terms, and utility arrangements.

  5. 5

    Sign and Lodge Bond

    Both parties sign, the landlord lodges the bond with the state bond authority, and the condition report is completed.

Legal Considerations

State Residential Tenancies Acts override the agreement on many matters; non-compliance can invalidate clauses.

This template is for informational purposes only and does not constitute legal advice. Use the standard form mandated by your state and lodge the bond with the state bond authority.

Reviewed for Australian law

State-Specific Standard Forms

Most Australian states prescribe or strongly encourage the use of a standard form agreement issued by the state tenancy authority. NSW Fair Trading, Consumer Affairs Victoria, Queensland Residential Tenancies Authority, and SA Consumer and Business Services each publish prescribed Australian forms. Additional terms can be added but cannot contract out of the state Act's protections.

Bond Lodgement

Every Australian state requires the landlord to lodge the bond with a state bond authority within a set time — NSW Rental Bond Board (7 days), Residential Tenancies Bond Authority (Vic, 10 days), RTA (Qld, 10 days), Consumer and Business Services (SA). Failure to lodge is an offence under Australian law and the tenant can recover the bond directly through the tribunal.

Rent Increases

In Australia, rent increases during a fixed term are generally not permitted unless the agreement provides for them. For periodic and post-fixed term tenancies, rent increases require written notice — 60 days in NSW (section 41), 60 days in Victoria (section 44), 60 days in Queensland. Most Australian states limit rent increases to once every 12 months for the same tenant.

Entry Rights and Tribunal Disputes

Australian landlords may enter only on notice and for permitted purposes — routine inspections (maximum 4 per year in most states, with at least 7 days' notice), repairs (24–48 hours' notice), or showings (reasonable notice). Disputes are resolved by the state tribunal (NCAT, VCAT, QCAT, SACAT, Magistrates Court WA, TasCAT, ACAT, NTCAT) with small filing fees and informal procedures.

Frequently Asked Questions

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