Renters' Rights in Australia: A Complete Guide

Renting in Australia is governed by state and territory legislation, with each jurisdiction maintaining its own residential tenancies act. While the specifics vary, all states provide a framework of rights and protections for tenants covering everything from bond handling to eviction procedures. Understanding your rights as a renter is essential — whether you are signing your first lease or have been renting for years. This guide covers the key rights and protections available to tenants across Australia.

Lease Types: Fixed-Term vs Periodic

When you sign a rental agreement, it will be one of two types:

• Fixed-term lease: A lease with a set end date, typically 6 or 12 months. During this period, neither the landlord nor the tenant can end the tenancy without cause (unless the lease includes a break clause or both parties agree). Rent generally cannot be increased during a fixed-term lease unless the agreement specifically allows it.
• Periodic lease (month-to-month): A rolling agreement with no fixed end date. This often begins automatically when a fixed-term lease expires and is not renewed. Either party can end a periodic lease by giving the required notice period (which varies by state). Rent increases are permitted with proper notice.

A fixed-term lease offers more security for both parties. A periodic lease offers more flexibility but less certainty. For a comprehensive overview of the renting process, see our Renting Guide for Australia.

Bond and Deposit Rules

Your rental bond (also called a security deposit) is money held as security against damage, unpaid rent, or other breaches of the lease. Bond rules are tightly regulated across Australia:

• Maximum amount: In most states, the bond is capped at four weeks' rent for standard residential tenancies. In some jurisdictions, higher bonds may apply for furnished properties or weekly rents above certain thresholds.
• Lodgement: The landlord or agent must lodge the bond with the relevant state bond authority (e.g., NSW Fair Trading, RTBA in Victoria, RTA in Queensland) within a specified timeframe — typically 10 to 14 days.
• Receipts: You must receive a receipt for your bond payment, and notification of where it has been lodged.
• Refund: At the end of the tenancy, the bond is refunded to you minus any legitimate deductions for damage beyond fair wear and tear, unpaid rent, or cleaning costs. If there is a dispute over deductions, the matter is resolved through the state tribunal.

Landlords cannot require you to pay more than the legally permitted bond amount. Any additional "key deposits" or "holding fees" that exceed the maximum are not enforceable in most states.

Rent Increases

Rent increases are permitted but regulated. The rules differ by state, but common protections include:

• Frequency: Most states limit rent increases to once every 12 months. In NSW, rent can only be increased once in any 12-month period. In Victoria, the same 12-month rule applies.
• Notice period: Landlords must provide written notice before increasing rent. The notice period is typically 60 days (NSW, QLD, SA) or 60 days (VIC). In the ACT, 8 weeks' notice is required.
• Amount: While there is no cap on how much rent can be increased in most states (unlike some overseas jurisdictions), the increase must not be "excessive." Tenants can challenge an increase they believe is above market rate through the relevant tribunal.
• Fixed-term leases: Rent generally cannot be increased during a fixed-term lease unless the lease agreement specifically includes a rent review clause and specifies the method of calculation.

Repairs and Maintenance

Landlords are legally obligated to maintain rental properties in a reasonable state of repair. Repairs are classified into two categories:

• Urgent repairs: Issues that pose an immediate risk to health, safety, or security — such as burst water pipes, gas leaks, serious electrical faults, flooding, or broken locks. Landlords must respond to urgent repairs within 24 to 48 hours (varies by state). If the landlord cannot be contacted or fails to act, tenants can arrange urgent repairs up to a prescribed amount (typically $2,500 in NSW, similar thresholds elsewhere) and seek reimbursement.
• Non-urgent repairs: Issues that do not pose an immediate risk but still need attention — such as a dripping tap, broken dishwasher, or damaged blinds. Landlords must attend to non-urgent repairs within a "reasonable time," which most states define as 14 to 28 days.

Always report repairs in writing (email is ideal) to create a paper trail. If your landlord repeatedly fails to address repairs, you can apply to the relevant tribunal for an order compelling the repairs to be completed.

Ending a Lease

The rules for ending a tenancy depend on the lease type and who is ending it:

• Tenant ending a periodic lease: Typically 14 to 28 days' written notice depending on the state. In NSW, 21 days' notice is required. In Victoria, 28 days.
• Tenant ending a fixed-term lease early (breaking the lease): You may need to pay break lease fees, which can include rent until a new tenant is found, re-letting costs, and advertising fees. Most states cap break lease costs and require the landlord to take reasonable steps to find a replacement tenant (known as "mitigating their loss").
• Landlord ending a periodic lease: Notice periods range from 30 to 90 days depending on the state and the reason for termination.
• Landlord ending a fixed-term lease: Generally, a landlord cannot end a fixed-term lease before it expires unless the tenant has breached the agreement. At the end of the fixed term, the landlord must provide the required notice period if they do not wish to renew.

Eviction Protections

Tenant eviction protections have strengthened significantly across Australia in recent years. Key protections include:

• No-grounds evictions: Several states have moved to ban or restrict "no-grounds" evictions — where a landlord can end a tenancy without providing a reason. Victoria, Queensland, and the ACT have already enacted reforms, and NSW has legislated to end no-grounds evictions with a prescribed list of valid reasons for termination. South Australia and other states have similar reforms under way.
• Retaliatory evictions: It is illegal in all states for a landlord to evict a tenant in retaliation for exercising their rights (such as requesting repairs or reporting the property to authorities).
• Domestic violence protections: All states provide mechanisms for tenants experiencing domestic violence to end a tenancy immediately or have the perpetrator removed from the lease without penalty.

Rental Minimum Standards

Most states now enforce minimum standards that rental properties must meet. These standards typically require:

• Working locks on all external doors and windows
• Adequate weatherproofing and structural soundness
• Functioning kitchen and bathroom facilities
• Hot and cold running water
• Working heating in at least one main living area (Victoria mandates this specifically)
• Adequate ventilation and natural or artificial lighting
• Window coverings in bedrooms for privacy
• Compliance with smoke alarm and electrical safety requirements

If your rental property does not meet minimum standards, you can request the landlord bring it into compliance. If they refuse, you can apply to the tribunal for an order.

Privacy and Entry Rights

As a tenant, you have the right to quiet enjoyment of the property. Landlords and agents cannot enter the property whenever they choose. Entry rules include:

• Routine inspections: Typically permitted once every 3 to 6 months (varies by state), with at least 7 days' written notice
• Repairs: Reasonable notice required (usually 24 to 48 hours), except for urgent repairs where entry may be immediate
• Open inspections (for sale or re-letting): The landlord must provide reasonable notice and cannot conduct open homes without your consent in most states
• Entry times: Entry is generally restricted to reasonable hours, typically between 8am and 6pm on weekdays and 9am and 5pm on Saturdays
• Photography: In several states, the landlord must obtain your consent before photographing the interior of the property for advertising purposes

Dispute Resolution

If you have a dispute with your landlord or agent that cannot be resolved directly, every state and territory has a tribunal or dispute resolution service:

Tribunal applications are generally low cost (often under $100) and designed to be accessible without legal representation. Common disputes include bond refunds, repair orders, rent increase challenges, and lease termination disputes.

Related Resources

• Renting Guide Australia — Complete guide to renting in Australia from application to moving in

This article is for general information only and does not constitute legal advice. Tenancy laws vary by state and territory and are subject to change. Always refer to your state's residential tenancies act or seek legal advice for your specific situation.