Landlord Claiming Unfair Bond Deductions? How to Fight Back

You cleaned the place top to bottom. You handed back the keys. Now the agent says they are keeping $1,400 of your bond for “cleaning, carpet damage and garden restoration.” You know that is rubbish.

Good news. The bond is your money. The landlord has to prove they are entitled to every dollar they want to keep. Not the other way around.

What they can actually deduct

Under every state’s Residential Tenancies Act, a landlord can only claim against your bond for:

• Unpaid rent.
• Damage you caused that goes beyond normal wear and tear.
• Cleaning, but only if you left it dirtier than when you moved in.
• Costs from you breaking the lease early (if that applies).
• Bills you were responsible for and didn’t pay.

That’s it. They cannot charge you for repainting because the paint is five years old. They cannot charge you for a new carpet because the old one was worn. They cannot bill you for a professional clean just because they always do.

What “fair wear and tear” means

This is the phrase that wins most bond disputes. Fair wear and tear is the normal ageing of a property from someone living in it. Things like:

• Faded curtains or paint from sunlight.
• Worn carpet in walkways.
• Small scuffs on walls.
• Loose door handles or hinges.
• Minor marks from furniture.

Damage is different: a hole punched in a wall, a burn on the benchtop, a red wine stain on cream carpet. You pay for damage. You do not pay for wear.

The evidence that wins

Dig out your entry condition report. This is the document you signed when you moved in. If it says “carpet: worn, stained in lounge,” the landlord cannot now claim you stained it. Add:

• Photos from move-in and move-out (with dates).
• Your exit condition report.
• Receipts for any cleaning you paid for.
• Messages showing you reported pre-existing issues.

How the bond process works

In New South Wales, Victoria, Queensland, South Australia, the Australian Capital Territory and Tasmania, the bond is held by a government authority (like NSW Fair Trading or the RTBA in Victoria), not by the landlord. The landlord cannot just take the money. They have to make a claim, and you can dispute it. In Western Australia the bond is held by the Bond Administrator, and disputes go to the Magistrates Court. In the Northern Territory there is no bond authority: the landlord holds the security deposit.

How you dispute a claim depends on your state. In New South Wales, if the landlord lodges a claim, you get a notice giving you 14 days to respond; to dispute it, apply to NCAT and freeze the bond in Rental Bonds Online before the due-for-payment date. In Queensland, lodge a Dispute resolution request (Form 16) with the RTA within 14 days, or the bond is paid as first requested. In Victoria, if you do not agree, the rental provider must apply to VCAT. Their “damage” claim often falls apart the moment someone asks for receipts.

The step that makes them back down

Before it gets to the tribunal, send a Letter of Demand. This is a formal letter that:

1. Rejects each deduction, one by one, with your reasons.
2. Quotes the wear-and-tear rule under your state’s Act.
3. Demands release of the full bond within 7 to 14 days.
4. States that you will apply to the tribunal if they refuse.

Agents deal with dozens of bonds. When they see a renter who has done their homework and is ready to go to the tribunal, they usually release the money. It’s not worth their afternoon.

Get your money back

Do not accept a “compromise” you don’t agree with. Do not let them wear you down. The law is on your side.

Claim Done drafts your Letter of Demand for $49. Done in about 5 minutes.