Victoria rewrote large parts of its rental law in recent years, and the result is one of the more tenant-protective frameworks in the country — plus a short-stay threshold noticeably longer than New South Wales'. If you are moving between the two states, that difference is the thing most likely to catch you out.
Where the line falls
Victoria has two separate rules that both involve a number of days, and they are routinely confused with each other. They do different jobs.
The 28-day rule is a tax rule. The Short Stay Levy Act 2024 defines short stay accommodation as occupation for a continuous period of less than 28 days, and applies a levy to it. A booking of 28 days or more falls outside that definition, so no levy applies. This is where the 28-day figure comes from, and it is about the levy — not about whether a residential rental agreement exists.
The same definition is what owners corporations may act on: their power to prohibit short-stay accommodation is tied to that under-28-day definition, which is why longer bookings sit outside most building-level bans.
Whether a tenancy exists is a separate question. The Residential Tenancies Act 1997 governs residential rental agreements and carves out holiday and certain short-stay arrangements; for premises in a motel or licensed premises, section 20 brings the Act in where the fixed term exceeds 60 days. None of that is decided by the levy threshold.
The practical consequence: do not infer from the 28-day number whether your stay is a tenancy. Ask the operator which framework the agreement is written under, and check with Consumer Affairs Victoria if the answer matters to you.
Victoria's terminology
Victoria renamed things when it reformed its law, and the vocabulary matters when you are reading an agreement:
- A lease is a residential rental agreement.
- A landlord is a rental provider.
- A tenant is a renter.
- Bonds are held by the Residential Tenancies Bond Authority (RTBA).
If a document uses the old terms throughout, that is not necessarily a problem, but it does suggest it was not drafted for Victoria specifically.
Bonds and deposits
Under a Victorian residential rental agreement, the bond is lodged with the RTBA — a state body, not the rental provider or agent. It is released by agreement or by VCAT determination.
Where a stay is short-stay accommodation and falls outside that framework, no RTBA lodgement occurs and a security deposit is held by the operator instead.
How EzyFlats handles Victoria: Victorian stays are documented as short-stay agreements, and the security deposit is held by EzyFlats rather than lodged with the RTBA. EzyFlats is a licensed real estate agency in South Australia only, so it does not act as a rental provider's agent for Victorian tenancies. The term, rate, inclusions and cancellation terms are all set out in writing.
Minimum standards
Victoria applies minimum standards to residential rental properties, covering things like functioning cooking facilities, heating in the main living area, deadlocks on external doors, and structural soundness. These attach to residential rental agreements.
For a furnished medium-term stay, most of these are moot in practice — a home marketed as move-in ready with bills included is well past the minimum standards bar by definition. But it is worth knowing the framework exists and what it covers.
Rent increases
Victoria limits rent increases to once every twelve months for most agreements, with 60 days' written notice required. During a fixed term, an increase is only possible if the agreement expressly provides for it.
For a medium-term stay of a few weeks or months, this rarely arises — the term ends before an increase could take effect.
What is actually different in Victoria
- Two different day-based rules — a 60-day tenancy provision for motel and licensed premises, and a separate 28-day Short Stay Levy. They are unrelated.
- Different vocabulary — renter, rental provider, residential rental agreement.
- Minimum standards apply to residential rental agreements.
- Annual rent increase limits with 60 days' notice.
- VCAT handles disputes for arrangements inside the framework.
Practical advice for a Victorian medium-term stay
Confirm in writing whether your stay is being documented as a residential rental agreement or as short-stay accommodation, and where the deposit will be held. Do not infer it from a day count you have read somewhere — in Victoria the two most-quoted numbers measure different things, and only one of them is about tenancy at all.
What to get in writing, wherever you are
- The exact term — start and end dates, and how to extend.
- The total cost — the weekly rate, every fee, and precisely what is included.
- Where the deposit sits — lodged with a state authority, or held by the operator.
- Cancellation terms for both sides.
- A date-stamped condition record at move-in. Ten minutes of photographs is the best protection against a deposit dispute there is.
Sources
The thresholds and processes described above come from the relevant state and territory authorities:
A note on this guide
This is general information about how Australian tenancy law treats shorter stays, not legal advice. Thresholds and rules change, and how they apply depends on the specifics of your arrangement. For advice on your own situation, check with the tenancy authority in your state or get independent legal advice.
