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VIC: Residential Tenancies Act Section 91ZH Abandoned premises and rent in advance

Writer: David WoolfallDavid Woolfall

Abandoned premises and rent in advance

(1) If a renter abandons rented premises and the residential rental provider has received an amount of rent in respect of the premises that had not accrued due when the renter abandoned them, the residential rental provider is entitled to the lesser of— (a) that amount; or (b) such part of that amount as does not exceed the amount of loss or damage suffered as a result of the abandonment.

(2) If the residential rental provider knows the address of the renter, the residential rental provider must pay to the renter the amount of rent to which the residential rental provider is not entitled.

(3) If the residential rental provider does not know the address of the renter, the amount to which the residential rental provider is not entitled must be dealt with in accordance with Part 3 of the Unclaimed Money Act 2008 as if the residential rental provider were a business to which that Part applies.

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