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.
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.
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.
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.
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).
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.
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.
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.
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. Following the Residential Tenancies Amendment (Rental Fairness) Act 2024 (NSW) (commenced 19 May 2025), "no grounds" terminations by NSW landlords have been abolished — landlords must specify a prescribed lawful reason. Similar reforms apply in Victoria, Queensland, and other states with varying commencement dates.
14.
PRIVACY AND PERSONAL INFORMATION
The Landlord (and any property manager) shall handle the Tenant's personal information (as defined in section 6 of the Privacy Act 1988 (Cth)) in accordance with the Privacy Act, the Privacy Regulations 2025, and the Australian Privacy Principles (APPs) in Schedule 1 to the Privacy Act, where applicable. The Tenant acknowledges that the Landlord may collect, hold and use the Tenant's personal information for purposes including: tenancy application assessment, ongoing administration of this Agreement, rent collection, references to and from third parties, and compliance with the bond lodgement requirements of the Residential Tenancies Act 1997 (Vic). The Landlord must not disclose the Tenant's personal information to "tenancy databases" except as permitted by Part 2 Division 12 of the Privacy Act 1988 and equivalent State residential tenancy provisions, and only with appropriate notice and a lawful basis. The Tenant has the right to request access to and correction of their personal information held by the Landlord.
15.
MINIMUM STANDARDS AND HABITABILITY
The Landlord warrants that the premises comply with the minimum standards prescribed under the Residential Tenancies Act 1997 (Vic) and any associated State regulations (for example, Victoria's Residential Tenancies Regulations 2021 Part 4 (rental minimum standards) and NSW Residential Tenancies Regulation 2019). Without limitation, the Landlord shall ensure that the premises: (a) are structurally sound and weatherproof; (b) have functioning locks on all external doors and windows; (c) have a functioning bathroom with a toilet, basin, shower or bath, and supply of hot and cold running water; (d) have functioning electrical and gas connections compliant with safety standards; (e) have compliant smoke alarms (per State fire-safety legislation); (f) are free from significant mould or vermin infestation at commencement; and (g) have adequate ventilation and natural light. The Landlord shall remedy any failure to meet minimum standards as urgent repairs under the Residential Tenancies Act 1997 (Vic). The Tenant may apply to Victorian Civil and Administrative Tribunal (VCAT) if minimum standards are not met.
16.
NO-GROUNDS EVICTION REFORM ACKNOWLEDGEMENT
The parties acknowledge the 2024-2025 reforms abolishing "no grounds" (no reason) terminations by landlords in most Australian jurisdictions. In New South Wales, the Residential Tenancies Amendment (Rental Fairness) Act 2024 (NSW) commenced on 19 May 2025 and requires a NSW Landlord to specify a prescribed lawful reason (e.g. sale of premises, demolition or major renovation, landlord moving in, breach by tenant) when issuing a termination notice. The Victorian, Queensland, ACT and Tasmania reform packages have introduced similar prescribed-grounds requirements with varying commencement dates. In any termination of a periodic tenancy or non-renewal of a fixed-term tenancy after the latest commencement applicable to the governing state, the Landlord shall set out the prescribed lawful reason in the termination notice and shall provide such supporting evidence as the applicable state Act requires. The Tenant may challenge a non-compliant termination at Victorian Civil and Administrative Tribunal (VCAT).
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.
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.
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.
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.
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 date indicated.
Date: ____________________
Date: ____________________