Tenant Rights in Australia — Complete Guide by State | Claim Done
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 (typically 24–48 hours, with exceptions for 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 | Entry notice required | Tribunal for disputes |
|---|---|---|---|
| NSW | NSW Fair Trading (Rental Bond Online) | 24 hours (general), none for emergencies | NCAT |
| VIC | RTBA | 24 hours minimum | VCAT |
| QLD | RTA (Rental Bond Authority) | Entry form issued 24 hours before | QCAT |
| WA | Bond Administrator | 24 hours | Magistrates Court / SAT |
| SA | Consumer and Business Services | 24 hours | SACAT |
| ACT | ACT Revenue Office | 24 hours | ACAT |
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 formal letter of demand citing the tenancy legislation is strong evidence in any subsequent hearing
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 deduct the cost from rent. Check your state’s tenancy legislation for the specific amount and procedure.
Letter of demand for tenancy disputes — $97
Tenant rights by state
| State | Legislation | Bond authority | Tribunal |
|---|---|---|---|
| NSW | 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 |
| ACT | Residential Tenancies Act 1997 | ACT Revenue | ACAT |
| Tasmania | Residential Tenancy Act 1997 | CBOS (Consumer Building and Occupational Services) | Magistrates Court |
| NT | 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 habitable property (working plumbing, heating, freedom from pests)
- Right to quiet enjoyment — landlords must give notice before entering (typically 24–48 hours)
- Right to bond lodgement — bond must be lodged with the state bond authority, not kept by the landlord
- Protection against retaliatory eviction — you cannot be evicted for requesting repairs or exercising 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
- Send a formal letter of demand — put the issue on record (Claim Done: $97)
- Contact your state tenancy authority — many offer free dispute resolution services
- File with the tribunal — most tenancy disputes can be filed for under $100 in filing fees