Short-term leases can be written or oral, but we recommend the use of written leases. Landlords and tenants can use our Form 1 – Residential Tenancy Agreement (Word, 1.5MB). Additional conditions may be included and the agreement must comply with the Residential Tenancies Act 1997. For example, if you pick up a newspaper from a store, put a coin on the counter, make eye contact, and get „the nod“ from the owner on your way out, you both have a „contract“ for the sale of the newspaper – a binding contract contract. Nothing was written down somewhere to record the agreement, but the agreement itself is the „contract“. The winning applicant for a leased property is usually asked by the broker or lessor to sign a lease agreement, also known as a residential lease agreement, before they can move in. Typically, these are the initial installation fees for the verification and placement of a tenant. It is negotiable and is usually charged at the beginning of each lease. Some brokers also charge a relocation fee (also subject to negotiation) if current tenants sign a new lease. If a person makes a promise to do something and is paid by another person, this agreement can be considered a „contract“. It is customary for an officer to attach an „instruction form“ that is also considered part of the agreement.

The authority should indicate that the agent will inform you of the damage to the property or the unpaid rent. It should be indicated how often they will inspect the property. Write all other conditions in the contract. The Real Estate Institute of Victoria (REIV) can provide details about its members who have property management capabilities. Please note that it is not mandatory for a licensed real estate agent to be a member of the REIV. There is an exception to the rule against estate agents who manipulate legal documents, which is found in section 53A Estate Agents Act 1980. A real estate agent is entitled to fill in the gaps in the standard contract for the sale of real estate, the form of which is imposed by the Real Estate Agents (Contracts) Regulations 2008. For the above reasons, real estate agents should not be allowed to conclude real estate contracts. However, it can be difficult for a consumer to entrust a real estate agent with the task of the contract.

To stay safe, neither party should sign any form of contract for the sale of real estate until their legal representative has verified it first. For more information, visit our Goods Left by Tenants page. Written leases should accurately reflect the wording of these official forms.. . . .