Victorian Current Acts Victorian Current Acts(1) A residential rental agreement must not include any of the following terms—
(a) a term that requires the renter to take out any form of insurance;
(b) a term that exempts the residential rental provider from liability for an act of—
(i) the residential rental provider or that person's agent; or
(ii) a person acting on behalf of the residential rental provider or that person's agent;
(c) a term that provides that if the renter contravenes the residential rental agreement, the renter is liable to pay—
(i) all or part of the remaining rent under the residential rental agreement; or
(ii) increased rent; or
(iii) a penalty; or
(iv) liquidated damages;
(d) a term that requires all or part of the rented premises to be professionally cleaned at the end of the tenancy, unless that term is contained in the standard form;
(e) a term that requires the renter to pay the cost of having all or part of the rented premises professionally cleaned at the end of the tenancy, unless that term is contained in the standard form;
(f) a term that provides that, if the renter does not contravene the residential rental agreement—
(i) the rent is reduced; or
(ii) the rent may be reduced; or
(iii) the renter is to be paid a rebate or other benefit; or
(iv) the renter may be paid a rebate or other benefit;
(g) any other prescribed prohibited term.
(2) A term in a written residential rental agreement or any other agreement must not include a term that requires a party to a written residential rental agreement to bear any fees, costs or charges incurred by the other party in connection with the preparation of the residential rental agreement.
Note
Section 27 provides that terms which must not be included in a residential rental agreement are invalid.
S. 27C inserted by No. 45/2018 s. 15.