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Leaving home
When you are 17 you can leave home if you want to. If you leave home before you turn 17 and someone thinks you are at risk of suffering significant harm, they can report this to the Department of Human Services (DHS).
If the DHS is concerned for your safety it can ask the Family Division of the Children’s Court to make an order to protect you. The order can say where you will live and who you will live with.
The DHS is unlikely to take you to court if you:
- have somewhere decent to live
- have enough money to live on
- are mentally healthy
- are not involved with drugs, prostitution or any other illegal activities.
If there are serious problems at home, you are unlikely to be forced to go home if you don’t want to. The court may order that you live somewhere else, like with another family or in a residential unit with other young people.
Finding a place to live
You might be able to get emergency accommodation on a short-term basis if you urgently need somewhere to live. See ‘Homelessness’ (link below).
Renting
If you are under 18 you can rent a house or flat, but see age limits on leaving home (above). You may be able to get rent assistance if you get a Centrelink payment.
You usually have to sign a lease when you rent a house or flat. This is a contract between the owner (the landlord) and the person who rents (the tenant). Make sure you read and understand the lease before you sign it. You must also be given a booklet explaining your rights.
You also have to pay a bond. This is usually one month’s rent. You will get it back when you move out, if you have paid your rent and kept the place in good condition.
The owner or estate agent must send the bond to the Residential Tenancies Bond Authority (link below) and give you a condition report. This says what condition the place is in at the start of the lease. The report is used when you move out, to check to see if you have taken care of the place and whether you should get your bond back.
The owner is responsible for getting repairs done to maintain the place. You can get help if this is not done.
If you don’t pay the rent you may be ‘evicted’ (thrown out). If you damage the place the owner may keep your bond money. To do this they have to apply to the Victorian Civil and Administrative Tribunal (VCAT) Residential Tenancies List (link below). Contact the Tenants Union (link below) if you are in this situation.
More information
Homelessness (general information)
Housing complaints (general information)
Related publications
Related websites
Residential Tenancies Bond Authority (new window)
Tenants Union of Victoria (new window)
VCAT Residential Tenancies List (new window)
How we can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
VLA’s other free legal services include:
- advice at VLA offices and other locations across Victoria
- lawyers who are on ‘duty’ to help at many courts and tribunals.
For some matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.
Who else can help?
The Consumer Affairs Victoria (new window) (CAV) website has information for tenants, including a step-by-step ‘Solve a rental problem’ guide. You can also call CAV on 1300 558 181 (9 am to 5 pm, Monday to Friday).
The Tenants Union of Victoria (new window) provides legal advice and assistance for tenants and can help negotiate with owners, real estate agents and government departments. Phone: (03) 9416 2577.
Frontyard (new window) brings together a number of services that work together to support young people aged 12 to 25 years who spend time in the Melbourne CBD and who are homeless or marginalised. Some of the services also work with young people across the whole of Melbourne and Victoria.
Frontyard is at 19 King Street, Melbourne, or you can call them on 1800 800 531 (free call from landlines) or (03) 9614 3688 (evenings and weekends). All services are free and most are drop-in, so you don't need an appointment.
If you are having problems with your parents you can get free advice and support from:
- Centre for Adolescent Health, phone: (03) 9345 5890
- Kids Help Line 24 hrs, phone: 1800 551 800 (free call)
- Melbourne Youth Support Services @ Frontyard Youth Services, phone: 1800 800 531 (free call landlines only) or (03) 9614 3688 (evenings and weekends)
- Reconnect – for mediation, support and referral. Phone: (03) 9611 2411 or 1800 800 531 (country callers).