Renters have rights – a short summary

If problems arise while renting, start by finding out more about your rights at tenants.org.au/resources/all. If you need advice, call your local Tenants Advice and Advocacy Service. Tell them in writing about any problems and tell them what you want. Remember that the agent works for the landlord. Keep a written record of what happens between you and the landlord/agent. 

It’s a good idea to try negotiating with the landlord/agent – see Tips: Negotiating with the landlord. If you and the landlord cannot reach an agreement, you can apply to the NSW Civil and Administrative Tribunal (NCAT) or contact the NSW Fair Trading complaints service. 

Evidence is very important: take photos and gather any relevant documents, such as the condition report, your tenancy agreement, correspondence with the landlord/agent, receipts, and similar records.

The Tribunal (NCAT) is an independent legal body which has the power to decide disputes between landlords and renters. It is not a formal court, but its decisions are legally binding. As a renters you will usually represent yourself. It is meant to be accessible and fair. If you receive notice of a Tribunal hearing you should always attend, even if the landlord says you don’t need to go. You should also keep paying your rent – if you stop paying you can be asked to leave, even if the landlord has done something wrong. If the landlord/agent wants you to leave they must follow the correct legal process – they cannot evict you without an order from the Tribunal or court.

The NSW Fair Trading complaint service is intended as an alternative to the Tribunal, but does not stop you from making a Tribunal application. 
 

Finding a rental home can be challenging. Some renters may be able to access financial assistance from the government. When you apply for a rental, you will need to provide proof of identity, proof of income, and other documents. You may find it helpful to include a cover letter and/or reference. For examples and tips, see our New Renters Kit. 

Your residential tenancy agreement (or ‘lease’) is a legally binding contract between you and the landlord. It sets out the responsibilities of the tenant and the landlord. There is a standard residential tenancy agreement that most landlords use. It is a good idea to take time to read and understand the agreement. 

At the start of the tenancy, the landlord/agent must give you certain facts and a condition report about the property. It is important to inspect the property, fill in the condition report with your own comments, and return it to the landlord within 7 days. Keep a copy and take photos. 

You must pay rent in advance. However you do not have to pay more than 2 weeks in advance. Tenants also pay a bond, which the landlord/agent must deposit with NSW Fair Trading. The bond cannot be more than 4 weeks rent. See Factsheet: Starting a tenancy. 

The landlord is usually responsible for the original installation of utilities such as water, gas, telephone and internet. The tenant usually pays for the usage of the utilities – as long as they are separately metered. See Factsheet: Utilities. 

Tenant responsibilities:

• to pay the rent on time
• to keep the property ‘reasonably’ clean
• to tell the landlord of any damage/disrepair as soon as possible
• to leave the property as near as possible to how it was at the start of the tenancy – except for ‘fair wear and tear’
• not to damage the property – you are responsible for damage by any person or pet you have allowed into the property
• not to do any renovations or alterations, or change locks, without the landlord’s written consent
• not to interfere with the peace, comfort or privacy of neighbours, or using the premises for illegal purposes
• to ask the landlord’s written permission before making changes to the tenancy such as sub-letting or transferring the tenancy to another person 

Landlord responsibilities:

• to provide the property in a ‘reasonably’ clean state and fit for habitation
• to provide and maintain the property in ‘reasonable’ repair, even if they told you about any disrepair before you moved in
• not to enter the property unless they have your consent, or a valid reason, and have given you proper notice

You have the right to reasonable peace, comfort, privacy, and safety. The landlord/agent is allowed to carry out a routine inspection of the premises up to 4 times in any 12-month period. They must give you 7 days written notice each time. They can also enter for certain other specified purposes. See Factsheet: Privacy and access. 

The landlord/agent can only increase the rent if they give correct notice and follow the legal process. They must give you at least 60 days written notice of a rent increase. There is a 12 month cap on rent increases for most agreements. If you think a rent increase is excessive, you can try to negotiate with the landlord/agent or apply to the NSW Civil and Administrative Tribunal (NCAT). See Factsheet: Rent increases. 

Tell the landlord/agent about any repairs that are needed, preferably in writing. There are different rules for urgent and non-urgent repairs. Issues that existed at the property before the start of your tenancy, repairs that arise during the tenancy, and issues caused by structural problems, are usually the landlord’s responsibility. See Factsheet: Repairs and maintenance.

If you want to keep a pet, there is now a formal process for requesting the landlord’s permission. The landlord/agent cannot refuse your request without a valid reason, or impose unreasonable conditions that make it impossible to keep your pet. See Factsheet: Pets.
 

If you want to leave, give the correct notice to the landlord/agent. The notice period depends on what type of agreement you have, and your reason for leaving (if any). See Factsheet: How do I end my tenancy? There are special rules in situations of domestic violence – see Factsheet: Domestic violence and renting. 

If the landlord wants you to leave, they must give you a valid termination notice or apply to the NSW Civil and Administrative Tribunal (NCAT). The notice must be in writing and include the proper number of days notice, a valid reason for ending the agreement, and evidence. Valid reasons for ending your tenancy include if you breached the agreement (e.g. overdue rent, or using the property for illegal purposes), sale of property, significant renovations, the landlord or their family is moving in, and other reasons. If the landlord does not follow the correct legal process, you can challenge an eviction. See Factsheet: Eviction – landlord ends tenancy.

The bond is your money, and at the end of the tenancy it should all be returned to you, unless the landlord has a legitimate claim (for example if you caused damage or owe rent). After you move out and return the keys, claim your bond by filling in a Claim for Refund of Bond Money form from NSW Fair Trading, or use Rental Bonds Online if you used it at the start of the tenancy.

You can claim your bond as soon as you have moved out. You do not need to wait for the signature of the landlord/agent. 

If there is a disagreement with the landlord/agent about the amount of bond to be returned, you can still make a claim straight away. If they dispute your claim, they must apply to the Tribunal and you will be notified. The landlord may only claim reasonable costs – such as money you owe or for repairing damage you caused. You are not responsible for ‘fair wear and tear.’ It is a good idea to take photos when you leave. See Factsheet: Bond.