VIC: Residential Tenancies Act Section 35 Condition Report

Condition report (1) Before a renter enters into occupation of rented premises, a residential rental provider must give the renter 2 copies of a condition report signed by or on behalf of the residential rental provider specifying the state of repair and general condition of the premises on the day specified in the report. Penalty: 25 penalty units.

(1A) For the purposes of subsection (1), a residential rental provider is deemed to give 2 copies of a condition report to the renter if the residential rental provider gives the renter an electronic copy of the condition report.

(1B) A condition report must be in the prescribed form. Note Section 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.

(2) Within 5 business days after entering into occupation of the rented premises, the renter must return one copy of the condition report to the residential rental provider— (a) signed by or on behalf of the renter; or (b) with an endorsement so signed to the effect that the renter agrees or disagrees with the whole or any specified part of the report.

(3) A renter who is not given a condition report within the period referred to in subsection (1) may complete a condition report and give it to the residential rental provider, or that person's agent, during the period between inspecting the rented premises and 5 business days after entering into occupation of the rented premises.

(4) A copy of the condition report that is completed under subsection (1) or (3) is to be retained by the residential rental provider and the renter.

(5) Within 10 days after the end of a residential rental agreement, the residential rental provider, or that person's agent, must complete the copy of the condition report retained by the residential rental provider or the renter under this section—

(a) in the presence of the other party; or

(b) in the absence of the other party, if the party has given the absent other party a reasonable opportunity to be present when the condition report is completed.