Rental property legal advice for 2021 and beyond
Over 2020 we experienced a lot of fast and chaotic changes to our livelihoods. Many people lost their incomes or had them drastically reduced. This in turn forced a lot of people to rethink their living situations. Many people living in Victoria were faced with the challenge of having to move out of the properties they rented. Others demanded a reduction in rent or freezing of rental payments in order to get through the lockdowns we experienced here in Victoria.
These events in 2020 brought a lot of new and existing legal issues to the forefront when it comes to rental properties and the rights of tenants. By March 2021 the state government introduced new rental laws. These new laws reflected the current needs of tenants and rental property owners. There were a total of 130 rental law changes. Some of these changes in law were actually delayed because of the COVID-19 pandemic.
To help you catch up on these laws we’re covering the ones that will have the most impact on your life as a tenant or rental property owner. We’ll explain what these new laws mean for your property investment moving forward. With the right property legal advice you can have a better understanding of how these laws can affect you and your rights as a tenant or landlord.
Making renovations
The flexibility for tenants to renovate the property they rent has been a hotly contested topic over recent years. Just how much should a tenant be able to get away with when it comes to modifications. Should they be allowed to paint a wall? Should the property owner be approving the colour before it goes on the wall? And what about other semi-permanent fixture?
New laws have mostly gone in favour of tenants when it comes to renovations. Landlords must have a legitimate reason for preventing tenants from painting walls, installing a pet door, dishwasher or building a garden bed. Landlords are only allowed to refuse changes to their rental property if they cannot be reversed.
There are also particular laws for painting a rental property. Landlords have the ability to set criteria for any new paint jobs that happen on the property. If the landlord and tenant dispute the paint being used then it will have to be escalated to the Victorian Civil and Administrative Tribunal. (VCAT). This matter could also be taken to a property dispute lawyer before it gets escalated to VCAT.
Here are just some of the changes you can make according to new laws:
- Screws
- Picture hooks
- Child safety gates
- Security systems (not hardwired to the house)
Having pets
New laws allow all tenants in Victoria to have pets living in their rental property. But there are still conditions that need to be met in order for this to happen. Tenants must inform the landlord that they will have a pet living in the house. They must also formally receive permission from the landlord before the pet can move in.
It may seem strict that there is an official application process. But on the upside for tenants, a landlord must provide reasonable grounds to refuse a pet application. If having a pet becomes an issue and the landlord can’t find a reasonable excuse to reject the pet, then the dispute will have to go to VCAT. With property legal advice from a property dispute lawyer this dispute could be resolved in a less hostile manner.
Even after getting their pet approved, tenants will still have to abide by the rules for pets. Apartment complexes are the types of buildings with the most strict rules when it comes to pets. Pets usually are not permitted in common areas and they shouldn’t be a nuisance to other tenants.
Eviction rules
Before 2020 landlords were permitted to evict a tenant without having to provide a valid reason. Thanks to new changes in law, a landlord must provide an acceptable answer or reason as to why they are evicting a tenant from the rental property. To clarify things further, there are now established reasons a landlord can use to justify evicting a tenant.
Accepted reasons for evicting a tenant include the following:
- The landlord wants to move into the rental property themselves
- The landlord plans to sell the property
- The landlord plans to change the use of the building (e.g residential to commercial)
- Plans have been made to demolish the house
There is another way landlords are permitted to evict tenants. This comes down to the term of the lease agreement. Landlords won’t have to ask tenants to leave if the end of their fixed-term lease is coming up. It should be safely assumed that tenants will plan to leave the property if no effort is made to sign a new lease or extend the existing one.
In some cases, a tenant may not be able to leave before an eviction date. By law, a tenant is still able to stay in the property if they do not have a secondary option. When a tenant receives a notice to vacate, this is simply the first step of the eviction process which can be drawn out. A new eviction date can be organised between both parties. If neither party can agree on a new eviction date then it’s strongly recommended that the matter is taken to VCAT.
Get rental property legal advice from P&B Law
Still confused about the latest state property laws for landlords and tenants? You can always get in touch with a property dispute lawyer for legal advice. Here at P&B Law, our team of property dispute lawyers can provide you with sound legal advice when it comes to handling disputes with tenants or landlords.
Our property dispute lawyers are very familiar with the latest rental laws. With the right advice, it becomes easier to navigate and resolve disputes with rental agreements. When you come to us for legal advice our aim is to resolve a dispute so it doesn’t have to escalate and get taken to the Victorian Civil and Administrative Tribunal.
Start getting the right legal advice today. Call P&B Law on 1300 526 246.