Legallink | Find the Right Law Firm for You | I am renting in Melbourne, and my landlord has suddenly requested a rent increase, but there are still six months left on my lease. What should I do in this situation?

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When I was renting an apartment in Melbourne, my landlord asked for a temporary rent increase. The lease has 6 months to end. What should I do in this case?

In Australia, rental agreements are governed by specific laws and regulations which vary by state and territory. In Victoria, where Melbourne is located, the Residential Tenancies Act 1997 (Vic) outlines the rights and obligations of both tenants and landlords.

Here’s a breakdown of your situation and some suggestions on what to do:

Key Legal Concepts

Fixed-Term Lease: This is a rental agreement with a specified duration, such as 12 months. The rent cannot be increased during this period unless the lease specifically allows for it and outlines the conditions for an increase.

Rent Increase Notice: If a landlord wishes to increase rent, they must provide written notice. In Victoria, for fixed-term leases of less than 5 years, a rent increase can only occur if it's stipulated in the lease agreement.

Fair Market Rent: Any rent increase should be consistent with the market rate. If a tenant believes the increase is excessive, they can challenge it.

Steps to Take

Check Your Lease Agreement: Review your lease to see if it contains any clauses about rent increases during the fixed term. If it does not, the landlord generally cannot increase the rent until the lease term ends.

Written Notice: If your lease does allow for a rent increase, ensure that the landlord has given you the correct notice in writing. In Victoria, the landlord must give at least 60 days' notice of a rent increase.

Challenge the Increase: If you believe the increase is unfair or if the landlord has not followed the correct procedure, you can:
- Contact Consumer Affairs Victoria: They can provide advice and intervene in disputes.
- Apply to VCAT: The Victorian Civil and Administrative Tribunal can hear disputes about rent increases. If you apply to VCAT, you must do so within 30 days of receiving the rent increase notice.

Recommendations

Document Everything: Keep records of all communications with your landlord regarding the rent increase.

Negotiate: If the lease allows for an increase and you believe it's reasonable, consider negotiating with the landlord for a smaller increase or some other benefit (like improvements to the property).

Seek Legal Advice: If you are unsure about your rights or how to proceed, consider seeking advice from a legal professional or a tenant advocacy service.

Important Legal Concepts Explained

Fixed-Term Lease: A rental agreement for a specific period. Rent cannot be increased during this period unless specified in the lease.

Notice Period: The landlord must provide a written notice period before increasing rent. In Victoria, this is 60 days.

Consumer Affairs Victoria: The government body that provides advice on rental issues and can assist in disputes between tenants and landlords.

VCAT: Victorian Civil and Administrative Tribunal, which handles disputes related to residential tenancies, including rent increases.

By following these steps and understanding your rights, you can ensure that any rent increase proposed by your landlord is handled in accordance with the law. If you need further assistance or legal advice, contacting a local tenant advocacy service or a legal professional would be beneficial.

Legal Link Finds Similar Case Law for You

Law Firm's Insights

Date

20 April 2023

Place

Queensland

Judge

FREEBURN

Highlights

The text below is a summary of a court case. The Oscar Motel is a motel complex, and the tenant, Carters, are in breach of their lease. The complex includes three buildings: the motel itself, a carport roof guttering in the rear building, and a storage building. The tenant is subject to Clause 12 in the lease, which states that the tenant must take reasonable action to ensure that the Motel and the Landlord's Property is in "a good and substantial structural state and condition". The carport roof guttering has multiple rust holes, which causes sections of lining underneath to be water damaged and occasionally fall without notice. There is no evidence as to the nature of the problem or that there was any structural element. As part of an effort to force the tenant into compliance, His Honour ordered Telstra to divert the motel's telephone number to Mr. Mackey. There are emails concerning alleged problems over this period, but there is no express notice that failing to attend to specific repair items would be regarded as repudiatory. In fact, in their submissions, the Carters described adapting some figures in Mr Norling's section of the joint expert report as "a conservative and relatively uncomplicated approach to revenue and costs to identify loss". The parties were free to agree that a reasonable price for specific goods or services would be paid by an independent expert valuer.

Judgment

The text states that the plaintiffs' claims have been dismissed, and the defendant is entitled to judgment on the counterclaim in the sum of $7,016.13 plus interest (to be calculated).

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