If you rent a room in the owner’s own home, you are usually a lodger, and in most states the residential tenancies Act does not protect you; your rights come from the agreement, the common law and the Australian Consumer Law. Rooming houses, boarding houses and rooms sub-let from a tenant are usually regulated, with bond caps and notice rules. Tasmania covers boarding premises unless the owner or a head tenant lives there and lets fewer than 3 rooms, the ACT usually gives people renting a room in a home statutory occupancy principles, and the NT covers 3 or more lodgers.
Prepared by Claim Done from each state and territory’s residential tenancies and boarding house laws and official Fair Trading, Consumer Affairs, Residential Tenancies Authority and Consumer Protection pages, all listed under Sources. Last checked 8 November 2026. The NSW legislation website could not be read, so NSW points rest on NSW Fair Trading pages and forms.
Am I a tenant or a lodger?
It depends mainly on control. The NT Government puts it simply: tenants have “exclusive possession over all or part of the property”. Signs you are a lodger include the owner living there, providing meals or cleaning, keeping control of the home, setting house rules and being able to enter your room. Queensland’s tribunal weighs the same things: your control over the premises, whether the provider lives there, services provided and shared kitchen and bathroom.
Three situations usually give you more protection than a lodger:
- Sub-letting from a tenant. If you rent a room from a head tenant, you are often a sub-tenant covered by tenancy law (but in Tasmania a head tenant who lives there and lets fewer than 3 rooms is outside the Act) (in NSW the sub-tenancy must be written). The head tenant usually needs the landlord’s consent.
- A rooming or boarding house. Most states regulate these separately, with the thresholds in the table below.
- A signed residential tenancy agreement. In Victoria, if you and the owner sign a rental agreement, the full tenancy Act applies; in the ACT, a written agreement that expressly says it is a residential tenancy agreement is one.
Lodger rights by state
| State | Room in the owner’s home | Rooming or boarding house law | Disputes |
|---|---|---|---|
| NSW | Not covered by residential tenancy laws; the agreement, common law and the ACL apply | Boarding Houses Act 2012 occupancy principles for registrable boarding houses (general: beds for 5 or more unrelated residents) | NCAT for occupancy principles; NSW Fair Trading 13 32 20 |
| VIC | A private boarding agreement is outside the tenancy Act (contract and possibly the ACL), unless you sign a rental agreement | Rooming houses where 4 or more people may live (RTA Part 3) | Rental Dispute Resolution Victoria, then VCAT |
| QLD | The Act does not apply to boarders or lodgers, but its bond rules do if you pay a bond | Rooming accommodation (a room, sharing facilities with other residents) | RTA for bond disputes; QCAT |
| WA | The tenancy Act does not apply to boarders or lodgers (s 5(2)(d)); contract, common law and the ACL | No separate statute found | Consumer Protection 1300 30 40 54; a Magistrate decides status |
| SA | Excluded (s 5(1)(b)); the SA Government says there is no specific law for one room | Rooming houses: 2 or more rooms, run as a business (Part 7) | SACAT |
| TAS | Not covered if the owner lives there and there are fewer than 3 boarding rooms (s 6(2)(c)); disputes are private | “Boarding premises” are covered by the Residential Tenancy Act | Residential Tenancy Commissioner |
| ACT | Usually an occupancy agreement with statutory occupancy principles (s 71C) | Same regime (a boarding house bedroom is an example) | ACAT (exclusive jurisdiction) |
| NT | Not covered unless you lodge week to week or longer and are one of 3 or more boarders or lodgers (Regulations reg 4) | No separate statute found | NT Consumer Affairs for information |
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Bond for renting a room
| State | Bond rules |
|---|---|
| NSW | Registrable boarding house: deposit no more than 2 weeks’ occupancy fee, refunded within 14 days of leaving less allowed deductions. Room in a private home: whether the bond can or must be lodged is not confirmed |
| VIC | Rooming house: no more than 14 days’ rent (28 days on a fixed term) (s 96); lodged with the RTBA within 10 business days, or paid to the RTBA directly. Rent in advance no more than 14 days. Private boarding: set by the agreement |
| QLD | If a lodger pays a bond, the Act’s bond rules apply, even in an owner-occupier’s home: it must be lodged with the RTA within 10 days. Rooming accommodation: maximum 4 weeks’ rent |
| WA | Bonds Administration does not hold lodger bonds. Get the amount, purpose and refund terms in writing with a receipt; Consumer Protection can help with a bond dispute |
| SA | Rooming house: one bond only, no more than 2 weeks’ rent, lodged with CBS; no more than 1 week’s rent in advance. Single room in a home: set by the agreement |
| TAS | Boarding premises: the owner may not require a bond (s 25(1)). Owner-occupied home with 1 or 2 rooms let: set by the agreement |
| ACT | Only for a written agreement with a fixed term over 14 days, after a condition report: no more than 2 weeks’ fee (term under 6 months) or 4 weeks’ fee (6 months or more), lodged with the Territory. Receipts for payments of $75 or more |
| NT | Not regulated for excluded lodgers (1 or 2 in a home). Get the bond terms in writing with a receipt |
Renting a room: notice to leave
| State | Your notice | The owner’s or operator’s notice |
|---|---|---|
| NSW | Written notice under the agreement (boarding house) | Boarding house: reasonable written notice, with the period set out in the agreement. Private home: per the agreement |
| VIC | Rooming house: at least 2 days (14 days on a fixed term), oral unless the operator requires writing | Rooming house: only on the prescribed form; for unpaid rent, at least 7 days owing and at least 2 days’ notice. Private boarding: per the agreement |
| QLD | Rooming accommodation: at least 7 days’ written notice on a periodic agreement | Only in the ways the Act allows; “leave immediately” only for serious breaches; force only after a valid notice and while police are present |
| WA | Not fixed by law; Consumer Protection suggests at least a week as a courtesy | Unless the agreement says otherwise, the landlord can end it at any time, without a reason, on “reasonable notice” |
| SA | Rooming house periodic agreement: at least 1 day | Rooming house: 60 days’ written notice on a prescribed ground; 7 clear days for a breach; eviction through SACAT |
| TAS | Boarding premises: at least 2 days (no fixed end date) | Boarding premises: only for a reason listed in s 42 |
| ACT | As stated in the agreement, which must give a reasonable notice period; 2 weeks if fees rise or rules change | Only by agreement, under the agreement’s stated grounds, or for a breach that justifies it; no retaliatory termination |
| NT | Not fixed by law for excluded lodgers | Not fixed by law for excluded lodgers |
If you are a lodger with no statutory notice period, ask for one in writing before you move in. It is the clause that matters most if things go wrong.
House rules, fees and fines
- NSW boarding houses: no fines for breaking the agreement or house rules, 4 weeks’ written notice of a fee increase, and utility charges limited to cost plus a reasonable measure of your use. House rules cannot override the occupancy principles.
- Victorian rooming houses: you cannot be required to take out insurance, pay for professional cleaning, pay penalties for breaking rules, or use a nominated third-party provider (other than an embedded network). Rent rises need 90 days’ notice, at most once in 12 months.
- SA rooming houses: only rent and a bond can be charged, with utilities, meals and services only on a basis given in writing first. Penalty clauses are void, and house rules must be about health and safety.
- Tasmanian boarding premises: meals and services priced separately from rent, rent paid at most 2 weeks at a time, a lock on your room, toilet access at all times, and repairs within 7 days.
- ACT occupancy agreements: every rule, penalty, early-exit fee and other fee must be disclosed, rules must be reasonable and proportionate, and you need 8 weeks’ written notice before rules change or fees rise.
- WA and other private homes: standard form agreements must not contain unfair terms, and meals or services you pay for must meet consumer guarantees.
What to get in writing before you move in
- The rent, how often it is paid, and what it covers (electricity, water, internet, meals, cleaning).
- The bond: the amount, where it is held, what it can be used for and when it is returned, with a receipt.
- Notice periods for both of you to end the arrangement.
- When the owner can enter your room, and with what notice.
- House rules: visitors, guests staying over, pets, noise, kitchen use and parking.
- Any fee or penalty for leaving early.
Keep a signed copy. In WA, Consumer Protection notes that without one, a Magistrate decides whether you are a tenant, boarder or lodger.
What our review checks
Upload the room, lodger, boarder or share house agreement, choose your state, and get a plain-English report from your side, usually about 5 minutes after you pay. It:
- says first whether your state’s tenancy law is likely to apply, or whether you are a lodger
- shows the notice you and the owner must give
- checks the bond and any fees against your state’s rules
- flags house rules, fines and charges that may not be allowed
- gives you the questions to ask, and what to get in writing, before you move in
It is not legal advice. You decide what to sign.
Check my room rental agreement – $29
Questions people ask
What rights does a lodger have in Australia?
Usually the rights in the agreement, plus the common law and the Australian Consumer Law, because most states’ tenancy Acts exclude lodgers in the owner’s home. The ACT is the main exception: room-in-a-home occupants get statutory occupancy principles.
Am I a tenant or a lodger?
You are more likely a lodger if the owner lives there, provides services, keeps control of the home and sets house rules. If you have exclusive possession of a room rented from a head tenant, you are usually a sub-tenant with tenancy rights.
How much notice does a lodger get to leave?
For a lodger in a private home, usually whatever the agreement says, or reasonable notice if it is silent. In WA the landlord can end it at any time without a reason on reasonable notice unless the agreement says otherwise. Rooming and boarding houses have fixed rules.
How much notice do I have to give to leave a room?
In a rooming house: at least 2 days in Victoria (14 on a fixed term), 7 days’ written notice in Queensland and 1 day in South Australia. Tasmanian boarding premises need 2 days. For a private home, check the agreement.
Does a lodger’s bond have to be lodged?
In Queensland, yes: if a lodger pays a bond, it must be lodged with the RTA within 10 days. In the ACT, a permitted deposit goes to the Territory. In WA, Bonds Administration does not hold lodger bonds. The NSW position for private homes is not confirmed.
How much bond can a rooming house charge?
14 days’ rent in Victoria (28 days on a fixed term), 4 weeks’ rent in Queensland, 2 weeks’ rent in South Australia and 2 weeks’ fee in a NSW registrable boarding house. Tasmanian boarding premises cannot require a bond.
Can the owner just tell me to leave?
For a lodger in a private home, often yes, on reasonable notice. In WA, staying on without permission can make you a trespasser. Rooming houses must follow the Act; in Queensland force is lawful only after a valid notice and while a police officer is present.
Can a boarding house fine me for breaking house rules?
Not in a NSW registrable boarding house, and penalty clauses are void in South Australian rooming houses. Victorian rooming house residents cannot be made to pay penalties for breaking the rules.
Is a share house the same as renting a room?
Not always. Tasmania’s regulator explains that in a share house the tenants rent the whole property together from the owner, while in a boarding house each person rents a bedroom. Renting a single room from the owner or a head tenant is lodging or sub-letting, with different rights.
I rent a room from a tenant. Am I protected?
Often you are a sub-tenant (not in Tasmania where the head tenant lives there and lets fewer than 3 rooms). In NSW the sub-tenancy must be in writing to be covered, and in Victoria, WA and the NT the head tenant needs the landlord’s consent to sub-let. Check that consent was given.
Does the ACT protect people renting a room in a home?
Yes. A room in the owner’s home is usually an occupancy agreement, which automatically includes the occupancy principles. Terms inconsistent with them are void, and ACAT hears disputes.
Is the room agreement review legal advice?
No. It is a plain-English report on which rules are likely to apply, your notice and bond position, and what to get in writing. Claim Done is not a law firm.
Related guides
- Renting out a room in your own home: the owner’s side, state by state
- Rental lease check before you sign
- 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 law as at 8 November 2026. Whether you are a tenant, boarder or lodger is for a tribunal or court to decide.
Sources (checked 8 November 2026)
- NSW Government: application of residential tenancy laws; living in a boarding house; operating a boarding house; standard occupancy agreement; Boarding Houses Act guide for councils
- Residential Tenancies Act 1997 (Vic), Authorised Version No. 115; CAV: boarding, rooming house agreements, rooming house residents guide
- Residential Tenancies and Rooming Accommodation Act 2008 (Qld); RTA: boarders and lodgers, rooming accommodation bonds
- Residential Tenancies Act 1987 (WA); Consumer Protection WA: boarders and lodgers, boarders and lodgers rights explained
- Residential Tenancies Act 1995 (SA); SA Government: living in a rooming house; CBS: a guide for rooming house residents
- Residential Tenancy Act 1997 (Tas); Consumer Affairs Tasmania: boarding premises
- Residential Tenancies Act 1997 (ACT); ACT Government: The Renting Book (January 2026)
- Residential Tenancies Act 1999 (NT); Residential Tenancies Regulations 2000 (NT); NT Government: boarders, lodgers and tenants, share houses
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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=room-rental-agreement-review. Claim Done is not a law firm and does not give legal advice.
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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.