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I have been paying rent at a property in Melbourne for over a year now but feel it is now time to move on, however I just realised that I never actually signed a lease agreement. I filled out a tenancy application and filled a condition report, I also paid bond and filled out a bond transfer to have it put into my name but this never went into effect.
My question is that if I send through my notice that I intend to leave will I have 28 days, or will my landlord be able to kick me out right away because there is no lease.
I do have proof of rental payments and email correspondence to show that I have been living and paying rent here, will I have the right to 28 days? and will I be able to get my bond back?
I am not wanting to take any action at the moment, I am just trying to get an understanding of my rights before before making any decisions.
Would greatly appreciate any advice
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Section 26 of the Victorian Residential Tenancy Act sets out what rems there should and shouldn’t be tenancy contracts. At the end it says this:
(3) A failure to comply with this section does not make the residential rental agreement illegal, invalid or unenforceable.
Section 29 details the landlords’ obligations to provide a signed copy of the tenancy agreement to the tenant. Failure to do so could result in a $4623 fine.
I don’t think your landlord would be wise to breach basic tenancy law when they could be fined for not adhering to it in the first place.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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