Residential Tenancy

Common Mistakes Tenants Make and How to Avoid Them

Residential tenancy agreement document with house keys and wooden house model

Renting a home comes with its share of responsibilities, and while most tenants aim to do the right thing, there are some common mistakes that can lead to trouble with your landlord or property manager. Let's look at a few key ones and how to avoid them, referencing the rights and protections available under the law.

One common mistake is not sending back the entry condition report with your comments when you move in. This report outlines the state of the property at the start of your lease. Failing to review it thoroughly, add your observations, and return it can lead to disputes when you move out, as the landlord may claim damages that were already present. Under Section 35 of the Residential Tenancies Act, you have the right to review and provide feedback on this report. Make sure to note any issues and take photos to back up your observations.

Another frequent issue arises during the exit inspection. As a tenant, you have the right to attend this inspection to ensure agreement on the property's condition. According to Section 89 of the Residential Tenancies Act, landlords must notify you of the inspection and give you the chance to be present. Missing this opportunity means you won't be able to dispute claims directly during the inspection, which can make resolving bond disputes more difficult.

Failing to document repairs and maintenance is another oversight. Things break, wear out, or need fixing—that's normal. However, it's crucial to keep a record of when you reported issues, the steps taken by the landlord, and how long it took to be resolved. This documentation can be invaluable if the matter needs escalation or if unresolved issues persist.

Lastly, many tenants don't realise that the law provides tools to address problems. For example, if repairs aren't made or obligations aren't met, you can send a breach notice to the landlord or contact Consumer Affairs Victoria for assistance. These processes exist to ensure landlords meet their responsibilities and protect tenants from unfair treatment.

The law has made an effort to balance the needs of tenants and rental providers, but both parties must maintain clear communication and fulfill their obligations. While tenants have rights, they also have responsibilities, such as adhering to notice periods for ending a lease, getting written permission for modifications, paying rent on time, respecting the terms of the lease, and leaving the property clean at the end of the tenancy. By staying informed and proactive, you can enjoy a smooth renting experience and foster a positive relationship with your landlord or property manager.