Victorian Current Acts

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RESIDENTIAL TENANCIES ACT 1997 - SECT 36

Condition report is evidence of state of repair

S. 36(1) amended by No. 45/2018 s. 26(1).

    (1)     A statement in a condition report under section 35 is conclusive evidence, for the purposes of this Act, of the state of repair or general condition of the rented premises on the day specified in the report if the condition report is signed by or on behalf of the residential rental provider and the renter.

S. 36(1A) inserted by No. 45/2018 s. 26(2).

    (1A)     A condition report that is given to a residential rental provider is taken to be notice given to the residential rental provider of any defects or outstanding repairs stated in the report.

    (2)     Subsection (1) does not apply to—

        (a)     a state of repair or general condition that could not reasonably have been discovered on a reasonable inspection of the premises; or

S. 36(2)(b) substituted by No. 45/2018 s. 26(3).

        (b)     any statement in the report about which the renter records a written comment disagreeing with that statement on the copy of the report completed by the renter; or

S. 36(2)(c) inserted by No. 45/2018 s. 26(3).

        (c)     a statement that the residential rental provider has disagreed with in writing on the condition report, if the report was completed by the renter before it was completed by the residential rental provider.



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