Ending A Tenancy: When Does The Tenancy End? Getting Your Bond Back

Ending a tenancy
This fact sheet covers what to do when Ideally, you should arrange a joint inspection
you are moving out of a rented property. with the landlord or agent at the time that you
See the Breaking a lease and When you move out. However you cannot insist on the
want to leave fact sheets for more landlord or agent inspecting the property
information about how and when you can with you.
give notice to end your tenancy.
Getting your bond back
When does the tenancy end? At the end of the tenancy, you and the
Your tenancy ends when you vacate the landlord or agent can decide how the bond
property and hand in the keys. Make sure you should be paid out. You can agree that the
hand in the keys as soon as possible, as you bond be returned to you in full, or that part or
may be considered to be in possession of the all of the bond be paid to the landlord.
property (and liable to pay rent) while you still
When you reach an agreement, both you and
have the keys.
the landlord or agent must sign a Bond Claim
If you gave notice to the landlord that you form, which the landlord or agent must then
were leaving (see the When you want to send to the Residential Tenancies Bond
leave fact sheet for more information), you Authority. The Bond Authority will then pay
can move out before the notice expires. out the bond according to the form. The bond
However, you will still be liable for rent until will be paid directly into the bank account you
the end of the notice period, unless the nominate on the form, (usually by the next
landlord finds new tenants before the business day after receiving the form).
notice period expires.
If the bond was paid on your behalf by the
Condition of the property Office of Housing, you cannot agree to pay
some or all of it to the landlord. If they want
When you move out, you must leave the to make a claim against your bond the
property in a reasonably clean condition. landlord must apply to the Victorian Civil and
This doesn’t necessarily mean that you must Administrative Tribunal and name the Director
steam clean the carpets, although landlords of Housing as a party to their application.
act sheet
and agents often try to insist that you do this.

What is considered ‘reasonably clean’ can 7 To prevent the landlord or agent from
depend on how long you have lived in the making a fraudulent claim on your bond
property and what state it was in when you money, never sign a blank Bond Claim form
moved in. or leave any of $ amount sections blank
(including the ‘Total amount payable to
However, if you installed any fixtures or Landlord/Agent if applicable’ section).
fittings (such as picture hooks) or made any
alterations to the property, you must remove If you and the landlord or agent cannot agree,
these and restore the property to its original the landlord or agent must apply to the
condition. Otherwise the landlord may Tribunal within 10 business days of the end
make a claim against your bond or make of your tenancy. The landlord cannot claim
a compensation claim for the cost any money from your bond without your
of restoration. agreement or without an order from
the Tribunal.
If possible, take photographs of the property
after you have cleaned it. If you have the If you have moved out but you haven’t got
carpets steam cleaned or you hire equipment your bond back, you should apply to the
to do it yourself, make sure you keep the Tribunal as soon as possible. There is no cost
receipt. It is also a good idea to have a family for applying for return of bond. See the Bonds
member or friend look through the property fact sheet for more information.
so if necessary, they can give evidence about continued overleaf...
its condition when you moved out.
Tenants Union of Victoria Ltd ACN 081 348 227 February 2009 www.tuv.org.au
7 It is illegal to refuse to pay your rent
on the grounds that your bond can be
used as rent.
Getting a reference
If you are moving to another rental property,
you will almost certainly be asked for the
name of your previous landlord or agent so
they can be contacted for a reference. You
may ask for a written reference when you
leave, but your previous landlord or agent
will probably be contacted anyway.
Utilities & mail

Before you move out, you should arrange
to have the gas, electricity, water and phone
disconnected at your old property on the day
you move out, and connected at your new
property. You should also have your mail
redirected, which is done by filling out a form
at any post office. There is a small fee for this
service, and you will need some identification
to prove you are the person whose mail is
being redirected. See the Utilities fact sheet
for more information.
You should leave a forwarding address with
your landlord. It doesn’t have to be your new
home address—it could be a post office box
or care of family or a friend. If you don’t
provide a forwarding address, you will not
receive any notices from the landlord or
Tribunal if they try to claim your bond or
make a compensation claim against you,
and a Tribunal order could be made against
you without your knowledge.
For more information phone the Tenants
Union Advice Line on ☎ (03) 9416 2577.
This information is a guide only and should not be used as a substitute for professional legal advice
Tenants Union of Victoria Ltd ACN 081 348 227 February 2009 www.tuv.org.au

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Ending a tenancy

and agents often try to insist that you do this.

Utilities & mail

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