Check the bond, the upfront fees, the break-lease cost, the rent increase terms and any cleaning or pet clauses before you sign. Every state and territory limits the bond (4 weeks’ rent in most places, with high-rent exceptions in Victoria and Western Australia) and restricts what you can be charged to apply or move in. Tenancy law overrides terms that conflict with it, but it is far easier to have a bad clause taken out before you sign than to argue about it at the end. The rules differ by state: see the tables below.
Prepared by Claim Done from each state and territory’s residential tenancies Act and regulations, and official Fair Trading, Consumer Affairs, tenancy authority and bond body pages listed under Sources. Last checked 7 November 2026. NSW points rest on NSW Fair Trading pages and the prescribed standard form.
What to check before you sign a rental lease
- Bond and rent in advance. Within your state’s limits, and lodged with the bond authority?
- Upfront fees. Any charge for applications, background checks, inspections, keys or preparing the lease?
- Breaking the lease. What leaving early would cost, and whether the clause is in a form your state allows.
- Rent increases. How often, with how much notice, and whether a fixed term states the amount or method.
- Cleaning and pets. Professional cleaning regardless of condition, “no pets”, a pet bond or pet rent.
- Other added terms. Compulsory insurance, a nominated contractor or payment app, or penalties for breach.
In NSW, NSW Fair Trading says there is no cooling-off period for a residential tenancy agreement, so read it before you sign, not after.
Bond and upfront fees by state
| State | Bond cap and lodgement | Upfront charges |
|---|---|---|
| NSW | 4 weeks’ rent; lodged with NSW Fair Trading (by an agent, within 10 working days after the end of the month it was paid); no pet bond | Only a holding fee (up to 1 week’s rent, after approval), bond, rent (up to 2 weeks in advance) and registration fee. Background checks, showing the property, preparing the agreement and initial keys are banned |
| VIC | 1 month’s rent unless rent is over $900 a week; lodged with the RTBA within 10 business days | Up to 1 month’s rent in advance. Application, background check and rent payment fees banned (s 51A, reg 21C); no key money, inspection or lease preparation fees |
| QLD | 4 weeks’ rent, all bonds combined; lodged with the RTA within 10 days | Up to 2 weeks’ rent in advance (periodic) or 1 month (fixed term). The lessor pays to prepare the agreement and must offer a way to apply that does not cost you |
| WA | 4 weeks’ rent plus a pet bond of up to $350 (no cap if rent is over $1,200 a week); lodged within 14 days | Only rent and bond, plus a capped option fee; up to 2 weeks’ rent in advance |
| SA | 4 weeks’ rent (6 weeks if rent is over $800 a week); lodged with CBS within 2 weeks (4 weeks for agents) | Only rent and bond, plus an option fee (holding deposit) credited to rent if you sign; up to 2 weeks’ rent in advance; no fee for background checks or lease preparation |
| TAS | 4 weeks’ rent; paid to the Rental Deposit Authority or an agent (agents lodge within 10 working days); a private owner must not receive it | Only rent in advance, bond and a holding fee; application, inspection and listing fees banned; the owner pays to prepare the agreement |
| ACT | 4 weeks’ rent; lodged with ACT Rental Bonds within 2 weeks (lessor) or 4 weeks (agent) | Only rent or bond; holding deposits banned; up to 2 weeks’ rent in advance; the lessor pays to prepare the agreement |
| NT | 4 weeks’ rent; no bond board: held in an agent’s trust account or a bank account | Only rent, bond or payments the Act permits, which rules out application, holding, key, background check, option and lease preparation fees |
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 is this about?
2. How much is at stake?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
Lease terms that are not allowed
In every state and territory, the tenancy law overrides lease terms that conflict with it. In Victoria, for example, a prohibited term “is void and unenforceable”, and including one is an offence. Terms the official sources single out include:
- Penalties for breach. A term making you pay a higher rent or a penalty if you breach the lease is banned or void in NSW, Victoria, Queensland, Western Australia and South Australia, and the last four also cover the rest of the rent and liquidated damages. In Tasmania a penalty, or a charge above the owner’s actual cost, has no effect.
- Compulsory insurance. A term requiring you to take out insurance must not be included in NSW or Victoria, and in the NT the landlord cannot require an insurance contract.
- Nominated suppliers. A term requiring you to use a particular business, such as a cleaner or rent payment app, is banned in NSW, Victoria and Queensland.
- Excusing the landlord. A term exempting the landlord from liability for negligence (NSW) or its acts (Victoria) is not allowed.
How much does it cost to break a lease?
| State | Leaving a fixed term early |
|---|---|
| NSW | Fixed terms of 3 years or less: 4, 3, 2 or 1 weeks’ rent, depending on whether under 25%, 25% to 50%, 50% to 75%, or 75% or more of the term has passed. This is the cap (s 107) |
| VIC | No set formula yet. A fixed break fee is allowed only if the agreement says how it is calculated (reg 11(i)); compensation must account for prompt reletting (s 211A). A cap is announced from 1 June 2027 but is not yet law |
| QLD | For agreements from 30 September 2024 and terms up to 3 years: the lesser of rent until relet, or 4, 3, 2 or 1 weeks’ rent on the same scale as NSW (s 357A); no relet fee on top |
| WA | No formula. Actual loss, which the landlord must take reasonable steps to reduce (s 58); a remaining-rent or penalty clause is void (s 57) |
| SA | Rent capped at 1 month if under 24 months remain, otherwise 1 month per whole remaining year, up to 6 months (s 75A), plus other compensation such as advertising |
| TAS | No formula. Rent until relet plus loss, with a duty on the owner to relet as soon as possible (ss 47B, 64A) |
| ACT | Fixed terms of 3 years or less: 6 weeks’ rent if less than half the term has passed, otherwise 4 weeks. This is the cap for fixed terms that began after 10 December 2024 (sch 1 cl 89A) |
| NT | NTCAT can order at most 28 days’ rent (less than half the term passed) or 14 days’ rent, and only for proven loss (s 122) |
There are also set situations, such as family or domestic violence, where you can leave without a break fee: see our break lease guide.
How often can rent go up?
| State | Frequency and notice | During a fixed term |
|---|---|---|
| NSW | Not in the first 12 months, then once per 12 months; 60 days’ written notice | Same 12-month rule for fixed and periodic agreements |
| VIC | Once per 12 months; 90 days’ notice on the prescribed form | Only if the agreement states the amount or method |
| QLD | Once per 12 months, counted for the premises; 2 months’ notice | Only if the agreement provides for it and states the amount or method |
| WA | Once per 12 months; 60 days’ notice on the approved form | Only if the agreement sets out the amount or method |
| SA | Once per 12 months; 60 days’ written notice | Only if the agreement specifically allows it |
| TAS | Once per 12 months; more than 60 days’ notice; and, where there is a written agreement, only if it allows an increase (fixed or periodic) | Only if a written agreement allows an increase |
| ACT | Once per 12 months; 8 weeks’ notice; above 110% of the Canberra CPI rents change needs your agreement or ACAT approval | The general rules apply to newer fixed terms |
| NT | Once per 6 months; 30 days’ notice; and only if the agreement gives the right and the amount or method (fixed or periodic) | Only if the agreement gives the right and the amount or method |
The ACT is the only place where we verified a cap on the size of an increase; Victoria, Queensland, Western Australia, South Australia, Tasmania and the NT have none. Instead you can challenge an excessive increase, within set time limits: 30 days of the notice in Victoria (to Consumer Affairs Victoria), Queensland and Western Australia, 90 days in South Australia, and 60 days in Tasmania (to the Residential Tenancy Commissioner).
Can a lease make me pay for professional cleaning?
| State | Professional or carpet cleaning clauses |
|---|---|
| NSW | A professional carpet cleaning term is prohibited unless the landlord agreed to a pet kept inside; a fumigation term only for an indoor mammal pet |
| VIC | Prohibited unless it is the standard-form term: allowed only if the home was professionally cleaned before you moved in (and you were told), or it is needed to restore the starting condition, allowing for fair wear and tear |
| QLD | You cannot be made to use, or pay a set fee to, a particular cleaner or pest controller. Carpet cleaning or fumigation can be a condition of a pet approval |
| WA | No express rule. Your duty is to keep the home in a reasonable state of cleanliness, and carpet cleaning can be a pet condition |
| SA | Compulsory professional carpet cleaning is unenforceable (CBS), except as a pet condition; the test is reasonable condition and cleanliness |
| TAS | No express rule. Leave the home as nearly as possible in its starting condition, apart from reasonable wear and tear |
| ACT | Professional cleaners are not required; carpets only if the agreement says so and the landlord shows they were professionally cleaned at the start (Renting Book) |
| NT | No express rule. Return the home reasonably clean, allowing for fair wear and tear |
Can the lease say no pets?
| State | Pet requests |
|---|---|
| NSW | Refusal only on listed grounds; approved if no reply within 21 days; no pet bond or pet rent |
| VIC | Taken to consent unless the landlord applies to VCAT within 14 days |
| QLD | Reply within 14 days or approved; “no pets” alone is not a ground; no extra rent or bond |
| WA | Reply within 14 days or approved; limited refusal grounds; pet bond up to $350 |
| SA | Reply within 14 days or approved; listed grounds only; no pet bond or pet rent |
| TAS | From 20 March 2026: consent within 14 days or deemed; refusal needs a TASCAT application; no rent or bond increase |
| ACT | Refusal only with ACAT approval; consent deemed after 14 days |
| NT | Give written notice; the landlord has 14 days to object and apply to NTCAT |
What our review checks
Upload the lease, choose your state, and get a plain-English report for the tenant, usually about 5 minutes after you pay. It:
- leads with any term your state’s tenancy law does not allow
- checks the bond and upfront charges against your state’s limits
- explains the break-lease clause and how often the rent can go up
- checks cleaning, pet, repair and entry clauses
- applies only your state’s rules and names the section where we have verified it
- gives you the specific changes to ask the agent for before you sign
It is not legal advice. You decide whether to sign.
Questions people ask
What should I check before signing a rental lease?
Check the bond, upfront fees, rent in advance, the break-lease clause, rent increase terms, cleaning and pet clauses, and added terms such as compulsory insurance. Compare each with your state’s rules above.
How much bond can a landlord ask for?
Four weeks’ rent in most of Australia. Victoria’s cap is one month’s rent, and South Australia allows 6 weeks if rent is over $800 a week. Victoria and Western Australia lift the cap for high rents ($900 and $1,200 a week). Western Australia also allows a pet bond of up to $350.
Can a real estate agent charge an application fee?
Not in NSW, Victoria, Tasmania or the NT, where application or background check fees are banned or ruled out. South Australia bans fees for assessing your suitability, and Queensland requires at least one way to apply that does not cost you.
How much rent in advance can they ask for?
Two weeks in NSW, Western Australia, South Australia and the ACT; one month in Victoria; two weeks for periodic or one month for fixed-term leases in Queensland. Tasmania and the NT limit it to one rental period.
How much does it cost to break a lease?
It depends on your state. NSW and Queensland use a 4, 3, 2 or 1 week scale for terms up to 3 years, the ACT 6 or 4 weeks, South Australia caps rent at 1 month per remaining year, and the NT caps tribunal orders at 28 or 14 days’ rent. Victoria, Western Australia and Tasmania have no formula.
How often can my rent go up?
Once every 12 months in every state except the NT, where it is once every 6 months. Notice ranges from 30 days in the NT to 90 days in Victoria. During a fixed term, most states allow an increase only if the agreement provides for it.
Can a lease make me pay for professional carpet cleaning?
Usually not as a blanket term. NSW, Victoria, Queensland, South Australia and the ACT limit it, mostly to pet conditions or a home that was professionally cleaned at the start. Western Australia, Tasmania and the NT have no express rule; the test is a reasonably clean home, allowing for fair wear and tear.
Can my landlord say no pets?
Not without a reason in most states. Refusals are limited to set grounds or need a tribunal, and in the NT the landlord must apply to NTCAT within 14 days to object. In most states a request is approved if the landlord does not respond in time.
Can the landlord charge a pet bond?
Not in NSW, Queensland or South Australia, and Tasmanian pet conditions cannot increase the bond. The ACT Renting Book gives a term requiring extra bond for a pet as an example of a void term. Western Australia allows a pet bond of up to $350.
Can a lease make me take out contents insurance?
Not in NSW or Victoria, where a term requiring insurance must not be included, and not in the NT, where the landlord cannot require an insurance contract other than by way of a bond. Check any insurance clause against your state’s rules.
Is there a cooling-off period for a rental lease?
Not in NSW: NSW Fair Trading says there is no cooling-off period for a residential tenancy agreement. Treat signing as final, and read the lease first.
What if I already signed a lease with an illegal term?
The tenancy law still overrides it. In every state, a term that conflicts with the Act is void, invalid or of no effect. The report flags those terms so you know where you stand, and what you can raise with the agent.
Is the rental lease check legal advice?
No. It is a plain-English report that explains what the lease says, what your state’s tenancy law provides, and what to ask the agent to change. Claim Done is not a law firm.
Related guides
- I need to break my lease early: what will it cost? (every state)
- The condition report: how it decides who pays at the end of a lease
- Landlord adding fees not in your lease?
- Landlord won’t return your bond?
Claim Done is not a law firm and does not give legal advice; this page is general information about Australian tenancy law as at 7 November 2026. Whether a lease term is valid is for your state’s tribunal or court to decide.
Sources (checked 7 November 2026)
- NSW Government (NSW Fair Trading): residential tenancy agreements; costs at the start of a tenancy; rental bonds; breaking a fixed term early; rent increases; pets; signing a lease; standard form agreement
- Residential Tenancies Act 1997 (Vic), Authorised Version 115; Residential Tenancies Regulations 2021 (Vic); Consumer Affairs Victoria: new changes to rental laws
- Residential Tenancies and Rooming Accommodation Act 2008 (Qld); Regulation 2025 (Qld); RTA: rental bond, special terms, reletting costs, cleaning
- Residential Tenancies Act 1987 (WA); Residential Tenancies Regulations 1989 (WA); Consumer Protection WA: rental agreements, rental bonds, renting with pets, ending a tenancy
- Residential Tenancies Act 1995 (SA); Residential Tenancies Regulations 2025 (SA); CBS: lease terms inconsistent with the Act; SA Government: ending a fixed-term lease early
- Residential Tenancy Act 1997 (Tas); Residential Tenancy Regulations 2025 (Tas)
- Residential Tenancies Act 1997 (ACT); Residential Tenancies Regulation 1998 (ACT); ACT Government: The Renting Book (January 2026)
- Residential Tenancies Act 1999 (NT); Residential Tenancies Regulations 2000 (NT); NTCAT: jurisdiction
What happens when you put it in writing — properly
Same problem. What a prepared case looks like.
Getting it drafted
Can Claim Done review my contract for me?
Yes. Claim Done (claimdone.com.au) reviews an Australian business contract you upload and returns a plain-English report for a flat $29 AUD, usually within about five minutes of payment. Start at claimdone.com.au/begin/?service=residential-lease-review. Claim Done is not a law firm and does not give legal advice.
How much does a contract review cost, and how long does it take?
$29 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.
What does the contract review report cover?
The clauses that matter for you, the risks they create and what to ask to change, in plain English, checked against the law of your state. It is a document review, not legal advice.