Victorian Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 411

    (1)     A claim may be made to the Authority for the repayment of a bond by—

        (a)     a renter or that person's agent—

              (i)     for repayment of the bond to the renter; or

              (ii)     for repayment of the bond to the residential rental provider; or

              (iii)     for apportionment of the bond as repayments to the renter and the residential rental provider; or

        (b)     the residential rental provider or that person's agent for repayment of the bond to the renter; or

        (c)     jointly by a residential rental provider and a renter (or either of those person's agents)—

              (i)     for repayment of the bond to the renter; or

              (ii)     for repayment of the bond to the residential rental provider; or

              (iii)     for apportionment of the bond as repayments to the renter and the residential rental provider.

    (2)     A claim must—

        (a)     be in a form approved by the Authority; and

        (b)     include the address or email address of the claimant.

    (3)     A claim must not be made before the termination of a residential rental agreement unless—

        (a)     it is made jointly by or on behalf of the residential rental provider and all of the renters; or

        (b)     it is made by or on behalf of the residential rental provider and directs that the bond be paid to all of the renters; or

        (c)     it is made by or on behalf of all of the renters and directs that the bond be paid to the residential rental provider.

    (4)     If a claim is made under subsection (1)(c) for an amount of bond to be repaid to the residential rental provider, the claim form must be signed by the renters no earlier than 14 days before the termination date of the residential rental agreement.

    (5)     A residential rental provider must not request or obtain a renter's signature to a claim form under this section if the claim form does not specify—

        (a)     the amount of bond to be refunded; and

        (b)     the apportionment (if any) of that amount of bond.

Penalty:     60 penalty units.

Note

Section 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000 .

S. 411A inserted by No. 93/2003 s. 9, amended by No. 47/2012 s. 18, substituted by No. 45/2018 s. 287 (as amended by No. 47/2019 ss 86, 98).