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VIC: Residential Tenancies Act Section 388 Occupation fee for goods left behind

Writer: David WoolfallDavid Woolfall

Occupation fee for goods left behind

(1) An owner of premises may require a former renter or other person who has a lawful right to stored goods to pay a fee in respect of the stored goods if the quantity of the goods is sufficient to prevent the owner of premises from renting the premises, room, caravan or site.

(2) The occupation fee must not exceed—

(a) an amount that is equal to the rent that would have been payable under the former residential rental agreement, agreement for the room, caravan or site or site agreement for each day the goods are stored; and

(b) in any event, in total, the amount of rent for 14 days.

Note An owner of premises may apply to the Tribunal for an order that a higher amount be paid by the former renter.

(3) Despite subsection (2), if the Tribunal orders an owner of premises to store goods for more than 14 days, the former renter or other person who has a lawful right to the goods is liable to pay a fee that is equal to— (a) for a former renter of rented premises, the rent that would have been payable under the former residential rental agreement for each day the goods are stored; or

(b) for a former renter of a room, caravan or site, the rent that would have been payable for the room, caravan or site for each day the goods are stored; or

(c) for a former renter of a Part 4A site, the rent that would have been payable under the former site agreement for each day the goods are stored; or

(d) for another person who has a lawful right to the goods, the rent that would have been payable under the relevant former residential rental agreement, or for the relevant room, caravan or site (as the case requires) for each day the goods are stored.


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