VIC Tenants Having Problem with Fungus - Move Out & Get Bond Back?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


2 November 2014
We are an international students and rent the room for about 5 months already. Last week, we smelt something foul in the room and we found that it came from the wet carpet in the small bedroom. This room is near the shower and bathroom and we guess that it came from the shower leak or the washing machine. We also experienced bad behaviour of above floor neighbour who often cleans their balcony. The problem is they pet the dog and they harshly splash smelly water down. We are unhappily living here but we already signed 1 year contract. I would like to know is it possible to moving out and get back our bond from the real estate agents? Do we have any tenants rights? Thank you

Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
Hi Kwan,

Have you spoken with your landlord about this problem? If so, what was their response?

For residential tenancies, there is an obligation on the landlord that the premises is in good repair. Having mold in your flat/room or foul smells would be a breach of this duty. In this case, the landlord has a duty to repair/fix the issues and if they cannot do so, you have a right to terminate the lease without further penalty.

Have a look at these information sheets for further information:
- The land handbook, Fizroy, During the tenancy
- Consumer Affairs Victoria, Renting a home
- Consumer Affairs Victoria, Renting

If you speak with your landlord and they refuse to fix the problem or refuse to let you terminate the agreement without penalty, then contact Consumer Affairs Victoria and ask the to assist you in resolving the dispute.