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Australia residential tenancy agreement
Residential tenancies in Australia are governed by state and territory Residential Tenancies Acts. Each jurisdiction has its own bond authority, rent rules, and tribunal for disputes — there is no single national tenancy statute.
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Tenancy law — state-by-state
| State/Territory | Bond limit | Bond authority | Tribunal |
|---|---|---|---|
| New South Wales (NSW) | Max 4 weeks rent | NSW Fair Trading Rental Bonds | NCAT |
| Victoria (VIC) | Max 1 month rent (or 4 weeks if rent under $1,000/wk) | Residential Tenancies Bond Authority (RTBA) | VCAT |
| Queensland (QLD) | Max 4 weeks rent | Residential Tenancies Authority (RTA) | QCAT |
| Western Australia (WA) | Max 4 weeks rent (plus pet bond $260) | Bond Administrator | Magistrates Court |
| South Australia (SA) | Max 4 weeks (if weekly rent ≤$800); 6 weeks if above | Consumer and Business Services (CBS) | SACAT |
| Tasmania (TAS) | Max 4 weeks rent | Rental Deposit Authority | Residential Tenancy Commissioner |
| Australian Capital Territory (ACT) | Max 4 weeks rent | Office of Rental Bonds | ACAT |
| Northern Territory (NT) | Max 4 weeks rent | Consumer Affairs | NTCAT |
What a standard Australian tenancy agreement includes
- Parties — landlord (lessor) and tenant (lessee) with addresses
- Full address of the rental property
- Term — fixed or periodic
- Rent amount, frequency (usually weekly), due date, payment method
- Bond amount (per state cap) and the authority it is lodged with
- Inclusions (appliances, parking, storage)
- Outgoings — utilities, water-use charges, strata levies (if any)
- Condition report (completed at move-in, signed by both)
- Rules on pets (many states recently restricted "no pets" clauses)
- Termination procedure and notice periods
FAQs
What is a residential tenancy agreement in Australia?
A residential tenancy agreement is a legally binding contract between a landlord (lessor) and tenant for the rental of a residential property. Each state and territory has its own Residential Tenancies Act that overrides conflicting lease terms.
Where is my rental bond held in Australia?
Bonds are held by an independent state authority, not by the landlord. In NSW it's NSW Fair Trading, in VIC the RTBA, in QLD the RTA, and so on. The landlord cannot withdraw the bond without a tenant-agreed claim or tribunal order.
How much notice is required to end a tenancy in Australia?
Varies by state and reason. For end of fixed term: typically 14–30 days. For periodic tenancy without cause: often no longer available in VIC/QLD following 2021 reforms — landlords now need a valid reason. For non-payment: typically 14 days notice to remedy then termination.