Moving out of a rental is busy enough without a fight over money. For most renters, the bond is the biggest sum at stake on the way out. The good news is that every state has a set process for getting it back. Knowing that process can save you weeks of stress.
This guide covers the steps renters take, what a landlord can and cannot claim and how disputes are handled. It draws on official guidance from NSW Fair Trading and Consumer Affairs Victoria. Tenancy laws differ between states and territories. They also change, so check the current rules where you rent.
Where your bond is held
In most states the bond is not kept by your landlord or agent. It is lodged with a government body or bond authority. In New South Wales, bonds are managed by NSW Fair Trading. In Victoria, they are held by the Residential Tenancies Bond Authority, known as the RTBA.
This system protects both sides. Neither party can simply keep the money. The bond is paid out once everyone agrees, or once a tribunal makes an order. That is why the steps you take at the end of a lease matter so much.
What to do before you hand back the keys
NSW Fair Trading lists the main tasks renters should finish before claiming. Working through them in order makes the handover smoother. These steps give you the best chance of a full refund:
- Pay rent up to the end of your notice period, or to your moving date if you are breaking a fixed term lease early.
- Clean the property to its original condition.
- Remove all your belongings.
- Repair any damage beyond fair wear and tear.
- Sign off the condition report with your landlord or agent.
- Return all keys and any other items you were given.
The condition report is your strongest record. It shows how the property looked when you moved in. Take your own dated photos when you leave as well. Clear records make any later dispute far easier to settle.
Claiming your bond in New South Wales
NSW renters can claim through Rental Bonds Online. Your landlord or agent then has up to 14 days to accept the claim. If it is accepted and correct, payment usually arrives by direct deposit within about two business days. Keep your bank details up to date so the money is not delayed.
If you do not use the online service, there is a paper claim form. The landlord or agent normally signs it before you lodge it. If they will not sign, you can still lodge the form. NSW Fair Trading pays the claim after 14 days if the landlord does not dispute it.
The full steps are set out on the NSW Government page about getting your bond back at the end of a tenancy. It also explains rules for shared homes and bond loans. In a shared tenancy, the principal tenant handles the claim for everyone.
Claiming your bond in Victoria
Victorian claims are made through the RTBA website. A rental provider must start a claim within 14 days of the agreement ending, unless the renter starts it first. Each renter on the bond gets an email to review the claim. Renters then have 14 days to accept it.
Once everyone agrees, the RTBA usually repays the bond within one business day. Renters can also start their own claim after the agreement ends. They must first verify their identity with Service Victoria. The other parties then have 14 days to contest the claim.
What a landlord can and cannot claim
A landlord can claim for rent owed and for damage beyond fair wear and tear. Consumer Affairs Victoria adds a few more items. These include a home not left reasonably clean, missing items such as locks and unauthorised changes to the property. Its page on bond claims and refunds in Victoria sets out the full list.
Fair wear and tear cannot be claimed. Consumer Affairs Victoria describes it as wear from reasonable use or natural forces. In Victoria, the rental provider must give the renter at least three business days’ notice before lodging a claim. They must also supply evidence such as receipts, quotes or photos.
That evidence must not contradict the condition report. The renter must also be present at the final inspection, or have a fair chance to attend. In New South Wales, NSW Fair Trading says a claim made without evidence breaches the Residential Tenancies Act 2010. Renters can complain to Fair Trading if this happens.
When you and the landlord disagree
Most bond problems are settled by talking it through. If that fails, each state has a tribunal that can decide. In New South Wales, unresolved disputes go to the NSW Civil and Administrative Tribunal. Tenants can get free help from the Tenants’ Union of NSW and local tenant advice services.
In Victoria, either party can apply to Rental Dispute Resolution Victoria. It is a VCAT service that helps renters and rental providers reach agreement. If it cannot resolve the matter, the dispute can go on to a VCAT hearing. An order from either body is binding, and the RTBA pays the bond out to match it.
Bonds during separation and other life changes
A bond claim often comes up at a hard time. Separating couples who rent together may need to sort the bond as part of moving apart. Our list of matters to attend to when preparing for divorce can help you plan. Same sex couples who rent together face the same bond questions when they separate. Our article on whether same sex marriages can end in divorce covers the wider legal picture.
Some renters are moving overseas when the lease ends. If you are planning to buy abroad, read our piece on using a nominee to buy a Bali villa. Any legal process can bring costs you did not expect. Our article on court fees and compensation looks at one example in the criminal courts.
Frequently asked questions
How long does it take to get my bond back?
In New South Wales, an accepted online claim is usually paid within about two business days. In Victoria, the RTBA usually pays within one business day once everyone agrees. Disputed claims take longer.
Can my landlord keep the bond for normal wear?
No. Fair wear and tear from reasonable use cannot be claimed against the bond. A landlord can claim for damage beyond that, unpaid rent and certain other costs.
What if my landlord will not sign the claim form?
In New South Wales you can still lodge the form. The landlord then has 14 days to dispute it. If they do not, NSW Fair Trading pays the claim.
Where can I get free help with a bond dispute?
Tenant advice services in each state give free help to renters. In New South Wales this includes the Tenants’ Union of NSW. In Victoria, Rental Dispute Resolution Victoria can help both sides reach agreement.
This article is general information only and is not legal advice. Tenancy laws and processes differ between states and territories and change over time. Please speak with a qualified lawyer or tenant advice service about your own situation.
