Residential Landlord & Tenancy
7. Rent Payment
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 14 Sep 2015
- As a tenant you will be required to pay rent to the landlord on a regular basis. The tenancy agreement will usually set out the amount of rent to be paid as well as when and how.
- If rent is not paid on time and is in arrears (unpaid) for a time set by the legislation in your state or territory the landlord may be entitled to issue a ‘notice to vacate’ to any current tenants.
- Often tenants will refuse to pay rent to the landlord as a means of forcing a landlord to fulfil their duties such as make urgent repairs or pay for costs of repairs.
- However such a refusal will only result in the tenant being in breach of their agreement and is not an advisable method of enforcing rights under the tenancy agreement.
- Refusing to pay rent can entitle the landlord to commence the procedures for eviction and can further hinder your chances of compensation in the event that a dispute is brought before a tribunal.
- The legislation provides other ways of compelling landlords to fulfil their obligations under the legislation.
- Our free Find a Lawyer directory may help put you in touch with the assistance you need.
- Tenants must also receive rent receipts for any payment of rent.
- When and in what form these rent receipts must be provided will depend on the legislation in your particular state or territory and how you pay.
- Usually if you pay in person a receipt must be provided immediately.
- If you don't pay in person and you request a receipt then you will usually receive a receipt within 5 days.
- Alternatively the landlord or their agent must keep a record of the payment for 12 months and provide you with a copy of that information upon request.
- The landlord is entitled to increase the rent amount under a tenancy agreement but must first give the tenants notice.
- For example in Victoria 60 days’ notice in writing must be given.
- There are also various restrictions on rent increases.
- Under a fixed term agreement the rent generally can't be increased until the end of the term set out in the tenancy agreement unless the tenancy agreement specifically allows it.
- Under a periodic (month to month) tenancy the rent cannot be increased more than once every 6 months.
- The notice must also educate tenants on their rights in regards to rent increases.
- For example in Victoria a tenant has 30 days to apply to ‘Consumer Affairs Victoria’ to investigate any rent increase.
- Usually you will need grounds before requesting an investigation into any rent increase.
- For example you may believe that given all the circumstances the rent increase is excessive.
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