Landlord Won’t Return Your Bond? How to Get Your Money Back (Australia 2026)

Last updated 27 October 2026 · Reviewed by the Claim Done team · Not legal advice

Can you get your money back from a landlord?

Usually, yes. Renters in Australia have three kinds of money claim against a landlord or the agent who manages the property:

• Your bond. The bond is your money, held as security. A landlord can claim from it only for things like unpaid rent, cleaning to the standard at the start of the lease, lost keys or damage beyond fair wear and tear, and in most states only with evidence.
• Repairs. If you paid for an urgent repair because the landlord could not be reached, the law in several states makes the landlord repay you within a set time. If repairs were ignored and you lost money or the use of part of the home, you can ask the tribunal for compensation.
• Rent you should not have paid. Rent increases are limited (in New South Wales, Victoria, Queensland and South Australia, no more than once every 12 months), rent in advance is capped in some states, and charges such as application or background-check fees are banned in some states.

Some things a landlord or agent cannot do:

• Keep the bond because they say so. In New South Wales a landlord claiming without your agreement must give you the end-of-tenancy condition report and copies of quotes, invoices or receipts within 7 days of making the claim. In Victoria it is an offence for a rental provider to apply to VCAT without supporting evidence or with evidence that contradicts the condition report. In Queensland, for bonds lodged from 30 September 2024, the manager must give you supporting evidence within 14 days of a claim or dispute.
• Make you wait forever. Each state sets a short window for the landlord to accept or dispute your bond claim. If they do nothing, the bond is usually paid as you asked.
• Charge for normal wear. Fair wear and tear is not damage, and cleaning claims are judged against the condition at the start of the tenancy.

One thing you should not do: stop paying rent to force a repair. The Northern Territory Government warns that paying less or no rent is a breach of your agreement and could lead to eviction, and the same risk applies elsewhere. Use the steps below instead.

The most common problems with landlords

1. Bond deductions for fair wear and tear. Worn carpet, faded paint and small marks from normal living are not damage. You can claim the full bond back and dispute the deduction.
2. Cleaning claims with no proof. A landlord who claims for cleaning has to show the home was left below its condition at the start. Your exit photos against the ingoing condition report are usually the answer.
3. The agent sits on your claim. In most states you can start the bond claim yourself. If the landlord does not dispute it in time, the bond authority pays you.
4. A claim larger than the bond. If the landlord wants more than the bond, the extra has to be decided by the tribunal or court, not by the bond authority.
5. Urgent repairs you paid for and were not repaid. A burst pipe, no hot water, a dangerous electrical fault. If you followed your state’s rules, the landlord has to reimburse you up to the state limit.
6. Repairs ignored for months. Mould, a broken heater, a leaking roof. You can claim compensation for the loss this caused you, and ask for an order that the repairs be done.
7. A rent increase that broke the rules. Too soon after the last one, or without the notice your state requires. The extra rent paid can be claimed back.
8. Too much money up front. A bond above the legal maximum, more than the allowed rent in advance, or banned fees for applications or background checks.
9. The bond was never lodged. If the landlord kept your bond instead of lodging it with the bond authority, the bond authority cannot pay it out, so you claim it at the tribunal. NCAT asks tenants to say in their application whether the bond was lodged.
10. In the Northern Territory, the deposit is simply kept. The landlord holds the deposit in trust and must return it, or give you a notice with receipts, within seven business days of you leaving.

Tenancy law that protects your money, state by state

Tenancy is state law, so the rules depend on where the rental property is. These are the parts that matter most for getting money back.

New South Wales

The bond is held by NSW Fair Trading through Rental Bonds Online and cannot be more than 4 weeks’ rent. Rent in advance is limited to 2 weeks. You can lodge your own claim for the bond: the landlord or agent has 14 days to dispute it, and if they do not, Fair Trading pays you. A landlord who disputes must apply to NCAT within 14 days. If the bond has already been paid out, you can still go to NCAT within six months of the payout. If you pay for urgent repairs because you cannot reach the landlord, you can be repaid up to $1,000 within 14 days of your written notice. Rent cannot rise in the first 12 months, then no more than once every 12 months, with 60 days’ written notice; an excessive increase can be taken to NCAT within 30 days of the notice.

Victoria

The Residential Tenancies Bond Authority (RTBA) holds the bond, which in most cases cannot be more than one month’s rent (unless the rent is over $900 a week or VCAT has set a higher bond). When you lodge a claim, the rental provider has 14 days to dispute it by applying to VCAT or Rental Dispute Resolution Victoria (RDRV); if nobody contests it, the RTBA repays the bond. RDRV is free and tries to help both sides reach an outcome before VCAT. You can pay for an urgent repair of up to $2,500, give written notice within 7 days, and the rental provider then has 7 days to repay you. Rent can increase no more than once every 12 months in most cases, with at least 90 days’ notice.

Queensland

The Residential Tenancies Authority (RTA) holds the bond, which since 30 September 2024 cannot exceed 4 weeks’ rent. A party that disagrees with a refund request has 14 days to dispute it, otherwise the bond is paid as first requested. The RTA runs a free conciliation service; if it does not settle, you get a Notice of unresolved dispute and can apply to QCAT. Claims over $25,000 go to a court, not QCAT. If the emergency repair contact cannot be reached, you can arrange emergency repairs up to 4 weeks’ rent and must give the landlord at least 7 days to repay you. Rent can rise only if it has been at least 12 months since the current rent became payable, even across different tenants or owners.

Western Australia

Since 28 March 2026, the Commissioner for Consumer Protection decides most bond disputes, for free, without a court hearing. Any tenant, landlord or agent can apply for the bond release after the final inspection. If anyone disputes or ignores the application, it is referred to the Commissioner, everyone has 10 days to send evidence, and there are 7 days to appeal the decision to the Magistrates Court. The Commissioner will not decide a claim larger than the bond, or a dispute where anyone lives outside Western Australia; those go to the Magistrates Court. Other rental money disputes, such as repairs, go to the Magistrates Court, after free conciliation if you want it.

South Australia

Consumer and Business Services (CBS) holds the bond. The maximum is 4 weeks’ rent where rent is $800 a week or less, and 6 weeks’ rent above that. Apart from the bond and the first 2 weeks’ rent, the landlord cannot ask for any other money at the start. If you claim the bond and the managing party does not respond within 14 days, you are paid the amount you claimed, and you do not need to prove your claim. A landlord claiming without your consent must give CBS evidence. Either side can make counter-offers or go to SACAT. Rent increases need 60 days’ notice and at least 12 months since the start or the last increase; an excessive increase can be challenged at SACAT within 90 days of the notice.

Tasmania

Bonds are managed through MyBond with the Rental Deposit Authority. The owner or agent must start a claim within three working days of the keys being returned, or tell you when they will. You then have 10 days to approve or dispute it; if you do nothing the bond may be paid as claimed, so act quickly. A disputed claim is decided by the Residential Tenancy Commissioner, and either side has 7 days to appeal to the Magistrates Court.

Australian Capital Territory

ACT Rental Bonds (ACT Revenue Office) holds the bond. You apply for a refund with the Bond Refund form; the lessor or agent gets a notice and has 14 days to respond. If they dispute it, ACT Rental Bonds refers the dispute to ACAT and pays out any part that is not in dispute.

Northern Territory

There is no government bond authority: the landlord holds your security deposit in trust, and it cannot be more than 4 weeks’ rent. The landlord has seven business days after you move out to return it, or to give you notice of what they want to keep and why, with receipts, invoices and a statutory declaration, and to return the rest. If they do neither within seven business days, they must return the deposit in full. Unresolved disputes go to NTCAT.

What you can claim

• The bond, or the part wrongly kept. The full bond, unless the landlord proves a valid claim.
• Repair costs. What you paid for urgent repairs, up to your state’s limit (NSW up to $1,000, Victoria up to $2,500, Queensland up to 4 weeks’ rent), and any larger amount through the tribunal.
• Compensation for repairs not done. Money you lost because the landlord did not repair the home: damaged belongings, extra costs such as heating or a laundromat, and the loss of use of part of the home.
• Rent overpaid. Rent paid under an increase that broke the frequency or notice rules, rent in advance over the limit, or banned fees.

To work out the amount, list each item separately with the date, the cost and the document that proves it. The tribunal decides item by item, so a clear list is easier to win than one round figure.

Worked example (round numbers, for illustration only). A renter in Sydney paid a bond of $2,400. At the end of the lease the agent claims $900 for cleaning and $600 for carpet replacement. The renter’s exit photos match the ingoing condition report except for one stained rug, and the carpet is ten years old with normal wear. During the lease the renter also paid a plumber $350 for an urgent leak after the agent could not be reached, and was never repaid. The renter claims $2,250 of the bond (accepting $150 for the rug) plus the $350 repair cost: $2,600 in total.

Evidence to gather

1. Your lease and the ingoing condition report, signed.
2. Photos and video from move-in and move-out, dated, covering each room.
3. The bond lodgement receipt or bond number (the bond authority can confirm it).
4. The landlord’s claim and any quotes, invoices or receipts they sent with it.
5. Every repair request you made, in writing, with dates, and the replies.
6. For urgent repairs: the tradesperson’s invoice, receipt and any written report.
7. Your rent ledger or bank statements showing what you paid and when.
8. Any rent increase notice, with the date you received it.
9. Photos of damage the landlord’s failure caused (mould, water damage, ruined belongings), with receipts for losses.
10. A short timeline: when you moved in, when problems started, when you told the landlord, when you left.

How to get your money back: 5 steps

Step 1: Claim the bond and tell the landlord in writing

Start your own bond claim with the bond authority if your state allows it (New South Wales, Victoria, Queensland, Western Australia, South Australia, the ACT, and Tasmania after the three working days). Then email the landlord or agent: what you want back (the bond, the repair cost, the overpaid rent), why, and a short deadline of a few business days. Keep a copy. A phone call is fine, but always follow up in writing.

Step 2: Send a formal bond dispute letter

If the agent disputes your claim, ignores you or offers a fraction, send our End-of-Lease Bond Dispute Letter. It sets out your state’s tenancy law, disputes each deduction item by item, states the amount and gives a 14-day deadline. It is the kind of letter a tribunal expects to see when it asks whether you tried to resolve the dispute first.

Send the bond dispute letter – $49

For repairs that were ignored or costs you were not repaid, use the Renter Compensation Claim Against Landlord instead (details on the renter compensation claim page). For anything else a landlord owes you, a general letter of demand also works.

Claim compensation from your landlord – $49

Step 3: Use your state’s dispute service, with the letter attached

Tenancy has its own free dispute services, and in some states they decide the bond themselves:

• NSW: NSW Fair Trading takes tenancy complaints and enquiries on 13 32 20. A disputed bond goes to NCAT.
• Victoria: Rental Dispute Resolution Victoria (rdrv.vic.gov.au) is free and reviews the evidence before VCAT.
• Queensland: the RTA’s free dispute resolution service (conciliation). If it does not settle, you get a Notice of unresolved dispute for QCAT.
• Western Australia: the Commissioner for Consumer Protection decides most bond disputes for free; Consumer Protection offers conciliation for other rental issues (1300 30 40 54).
• South Australia: CBS assesses evidence on non-consented bond claims and runs the counter-offer process (131 882).
• Tasmania: the Residential Tenancy Commissioner decides disputed bond claims.
• ACT: ACT Rental Bonds refers disputed refunds straight to ACAT.
• Northern Territory: disputes go to NTCAT.

Attach your dispute letter and evidence. It shows you gave the landlord a fair chance and sets out your case in one place.

Step 4: Send the final demand

If the money is still not paid, send a final demand. It quotes your first letter, the landlord’s response (or silence) and any reference from the dispute service, and states the date you will apply to the tribunal.

Send the final demand – $49

Step 5: Apply to the tenancy tribunal or court

Tenancy claims go to the tribunal or court in the state where the rental property is: NCAT, VCAT, QCAT, SACAT, ACAT or NTCAT, or in Western Australia and Tasmania the Magistrates Court. We prepare the application from your answers (in Western Australia and Tasmania, the court claim), with a witness statement.

Prepare your tribunal application – $97

Before the hearing, our Hearing Bundle ($97) puts your evidence in order: a chronology, a statement of issues, an evidence index and the orders you are asking for.

Organise your evidence – $97

Where your claim goes in each state

Tenancy disputes are decided in the state or territory where the rental property is. The bond step comes first; the tribunal or court decides anything the bond process cannot.

If your landlord lives in another state. For NCAT and VCAT, if the landlord is an individual who lives in another state, the tribunal cannot decide the dispute and the claim goes to a court instead (Burns v Corbett [2018] HCA 15). A landlord that is a company is not affected. QCAT in Queensland currently hears these disputes, because the Queensland Court of Appeal has held it is a court (Owen v Menzies [2012] QCA 170), although two appeals challenging that are pending. In Western Australia, the Commissioner cannot decide a bond dispute if anyone lives outside the state, so the Magistrates Court decides it.

After you win: getting paid

Where the bond authority holds the money, a tribunal order is sent to it and the bond is paid out. If the order is for more than the bond, or the landlord holds the money (as in the Northern Territory), and the landlord still does not pay, the order can be enforced. In most states it is registered or filed with a court and then enforced like a court judgment: a garnishee order on the landlord’s bank account or wages, seizure and sale of property, or an examination of the landlord about their finances.

Tribunals do not collect the money for you. In NSW, Victoria, Queensland, the ACT and the NT, an unpaid tribunal money order is first registered, recorded or filed with a court. In WA, SA and Tasmania the Magistrates Court decides the claim, so you already have a court judgment. Then you apply for the court’s enforcement tools.

Enforce your order – $97

Enforce your order – $97

Questions people ask

How long does a landlord have to return my bond?

It depends on the state. In New South Wales, Victoria and Queensland, once you lodge a claim the landlord or agent has 14 days to dispute it, and if they do not, the bond is paid as you asked. In South Australia you are paid if the managing party does not respond within 14 days, and in the ACT the landlord has 14 days to respond. In the Northern Territory the landlord must return the deposit, or give notice of a claim, within seven business days.

Can a real estate agent keep my bond without proof?

No. In New South Wales the agent must give you the condition report and copies of quotes, invoices or receipts within 7 days of claiming without your agreement. Victoria makes it an offence to apply to VCAT without supporting evidence. Queensland requires evidence within 14 days for bonds lodged from 30 September 2024. Our End-of-Lease Bond Dispute Letter asks for that proof and disputes each deduction.

Can I claim my bond back without the landlord signing?

Yes, in most states. You can start the claim yourself with the bond authority. The landlord is notified and has a short window to dispute it, usually 14 days. If they do not dispute it in time, the bond is paid as you asked. In Tasmania you can claim if the owner has not done so within three working days of the keys being returned.

What if my landlord disputes the bond claim?

The dispute goes to your state’s process: NCAT in New South Wales, RDRV and then VCAT in Victoria, RTA conciliation and then QCAT in Queensland, the Commissioner for Consumer Protection in Western Australia, SACAT in South Australia, the Residential Tenancy Commissioner in Tasmania, ACAT in the ACT and NTCAT in the Northern Territory. Bring your condition report and photos.

Is fair wear and tear taken out of my bond?

No. A landlord can claim for damage beyond fair wear and tear, not for normal ageing of carpet, paint and fittings from ordinary living. Cleaning is judged against the condition recorded at the start of the lease. If the agent claims for wear and tear, dispute that item and point to the ingoing condition report and your photos.

Can I get money back for repairs my landlord would not do?

Yes. If you paid for an urgent repair under your state’s rules, the landlord must repay you (up to $1,000 in New South Wales, $2,500 in Victoria, 4 weeks’ rent in Queensland). For repairs that were ignored, you can claim compensation for your losses at the tribunal. Our Renter Compensation Claim Against Landlord sets out the claim item by item.

My landlord raised the rent twice in a year. Can I get it back?

Usually, yes. In New South Wales, Victoria, Queensland and South Australia rent can increase no more than once every 12 months, and each state requires written notice (60 days in New South Wales and South Australia, 90 days in Victoria, two months in Queensland). Rent paid under an increase that broke these rules can be claimed back through the tribunal.

Can I stop paying rent until the repairs are done?

No. Withholding rent is a breach of your lease and can lead to eviction. Keep paying, put your repair request in writing, use the urgent repair rules if they apply, and apply to the tribunal for a repair order and compensation. In Victoria you can apply, through RDRV, to have your rent paid into Consumer Affairs Victoria’s Rent Special Account, so the landlord does not receive it until the issue is sorted out.

What happens to my bond in the Northern Territory?

Your landlord holds it in trust, not a government authority. The landlord must return it within seven business days of you moving out, or give you notice of what they want to keep, with receipts, invoices and a statutory declaration, and return the rest. If they do neither in time, the whole deposit must be returned. Disputes go to NTCAT.

What if the bond has already been paid out to the landlord?

You can still claim. In New South Wales you can go to NCAT within six months of the payout. In Western Australia and Tasmania, act within the 7-day appeal window after a decision. Elsewhere, apply to the tribunal as soon as you can. Send a demand first, then apply with your evidence.

Does it matter if my landlord lives in another state?

Yes, if the landlord is an individual. NCAT and VCAT cannot decide a dispute where the landlord is an individual living in another state, so the claim goes to a court. QCAT in Queensland currently hears these disputes. A company landlord is not affected. In Western Australia, a bond dispute with anyone living outside the state goes to the Magistrates Court instead of the Commissioner.

How much does it cost to go to NCAT about a bond?

From 1 July 2026 the NCAT filing fee for tenancy (residential) proceedings is $64, or $16 at the reduced rate for eligible people such as concession card holders. Other tribunals set their own fees, and some can be waived in hardship. Check the fee on your tribunal’s website before you apply.

Sources

• NSW Government, Getting your bond back, Dealing with bond disputes for tenants, Costs at the start of a residential tenancy, Getting repairs done, Rent increases
• NCAT, Fees and Charges Schedule as at 1 July 2026
• Consumer Affairs Victoria, Bond claims and refunds, Bond amounts, Repairs in rental properties, Rent increases
• Residential Tenancies Authority (Qld), Bond refunds, Dispute resolution service, Emergency repairs, Rent increases
• Consumer Protection WA, Bond disputes for residential tenancies, Going to court about rental property issues
• Consumer and Business Services SA, Settling a bond dispute, Tenant Information Guide (January 2026); SACAT, End of tenancy disputes
• Consumer Affairs Tasmania, Claiming a rental bond; Appealing a rental bond dispute determination
• ACT Revenue Office, Bond refunds for tenants
• NT Government, Common tenancy disputes; NT Consumer Affairs, A Guide to Renting in the Northern Territory (February 2026)
• High Court of Australia, Burns v Corbett [2018] HCA 15

All sources checked 19 October 2026.

Claim Done is not a law firm and does not give legal advice. This page is general information. For a complex or high-value matter, speak to a lawyer or a free community legal centre.