Last updated · Reviewed by the Claim Done team · Not legal advice
Tenant Rights in Australia — Complete Guide by State
As a tenant, you have significant legal protections in Australia under state and territory residential tenancy legislation. Here is what you are entitled to — and what to do when those rights are not respected.
Rights that apply in every Australian state
- Written tenancy agreement — you are entitled to a written lease, signed by both parties, before you move in
- Bond lodgement — your bond must be lodged with the relevant state authority within a set period, not held by the landlord
- Entry notice — the landlord must give proper notice before entering the property (how much notice depends on the reason for entry and your state; in New South Wales, for example, at least 7 days’ written notice for an inspection and 2 days for necessary repairs, and none for urgent repairs or emergencies)
- Condition report — an ingoing condition report must be prepared and given to you at the start of the tenancy
- Urgent repairs — landlord must fix urgent repairs promptly (burst pipes, broken security locks, dangerous conditions)
- Non-urgent repairs — landlord must fix non-urgent repairs within a reasonable time after written notice
- Quiet enjoyment — you have the right to occupy the property without interference
- Bond return — at the end of the tenancy, your bond must be returned unless the landlord has a valid claim for damage or arrears
Rights by state
| State | Bond authority | Tribunal for disputes |
|---|---|---|
| New South Wales | NSW Fair Trading (Rental Bond Online) | NCAT |
| Victoria | RTBA | VCAT |
| Queensland | RTA (Residential Tenancies Authority) | QCAT |
| Western Australia | Bond Administrator | Magistrates Court |
| South Australia | Consumer and Business Services | SACAT |
| Australian Capital Territory | Australian Capital Territory Revenue Office | ACAT |
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who are you dealing with?
2. How much is at stake?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
Bond not returned — what to do
- Request the bond in writing — cite the relevant tenancy act and give a 7-day deadline
- If the landlord does not respond or disputes the return, apply to the relevant bond authority or tribunal
- A written request citing the tenancy legislation is a useful record if the matter goes to a hearing (End-of-Lease Bond Dispute Letter)
Urgent repairs not being done — what to do
If your landlord refuses to carry out urgent repairs, you may be entitled to arrange the repairs yourself (up to a specified amount) and be reimbursed by the landlord; in New South Wales, up to $1,000, paid back within 14 days. Check your state’s tenancy legislation for the specific amount and procedure.
Start a Tenant Repair/Breach Notice
Tenant rights by state
| State | Legislation | Bond authority | Tribunal |
|---|---|---|---|
| New South Wales | Residential Tenancies Act 2010 | NSW Fair Trading | NCAT |
| Victoria | Residential Tenancies Act 1997 | RTBA (Bond Authority) | VCAT |
| Queensland | Residential Tenancies & Rooming Accommodation Act 2008 | RTA | QCAT |
| Western Australia | Residential Tenancies Act 1987 | Bond Administrator | Magistrates Court |
| South Australia | Residential Tenancies Act 1995 | CBS (Consumer and Business Services) | SACAT |
| Australian Capital Territory | Residential Tenancies Act 1997 | Australian Capital Territory Revenue | ACAT |
| Tasmania | Residential Tenancy Act 1997 | CBOS (Consumer Building and Occupational Services) | Magistrates Court |
| Northern Territory | Residential Tenancies Act 1999 | NT Government | NTCAT |
Rights landlords cannot remove
These protections apply regardless of what your lease says — any clause attempting to waive them is void:
- Right to a property that is fit to live in (for example, working plumbing and reasonably clean on move-in)
- Right to quiet enjoyment — landlords must give notice before entering, except in an emergency
- Right to bond lodgement — bond must be lodged with the state bond authority, not kept by the landlord
- Protection against retaliatory eviction — in several states a tribunal can refuse to end a tenancy that was ended because you asked for repairs or exercised your rights
- Right to end tenancy with proper notice — protected from sudden lockouts or service disconnection
What to do when your rights are violated
- Document everything — take photos, keep all communication in writing
- Put it in writing — a formal notice puts the issue on record (Claim Done: Tenant Repair/Breach Notice)
- Contact your state tenancy authority — many offer free dispute resolution services
- File with the tribunal — check your tribunal’s current application fee
What happens when you put your landlord on formal notice
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Tenant Repair/Breach Notice drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Tenant Repair/Breach Notice from the answers you give about your situation for a flat $49 AUD. You read and confirm the draft, then the final PDF is emailed to you. Start at claimdone.com.au/begin/?service=tenant-notice. Claim Done is not a law firm and does not give legal advice.
How much does a Tenant Repair/Breach Notice cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
Do I need a lawyer to send a Tenant Repair/Breach Notice in Australia?
No. There is no legal requirement to use a solicitor to write or send a Tenant Repair/Breach Notice; many people send their own. Claim Done drafts it for you and you approve it before it is sent.