Tenant Left the Property Damaged: How to Claim the Bond (and the Rest) Without Losing at the Tribunal

The keys came back in an envelope. The house didn’t come back at all. Doorframes gouged, a burn in the kitchen bench, carpet that smells of dog, blinds snapped, and a garden that’s now a paddock. The exit inspection took an hour and produced a list that would take a fortnight and $7,000 to fix. The bond is $2,400.

Two things have to happen, and they have to happen in the right order. You claim the bond, properly, against the condition report. Then you demand the shortfall from the tenant, in writing, before you file. Landlords who skip the paperwork step lose bond claims to tenants who simply say “that was already there”.

Your rights

Every state’s tenancy law obliges the tenant to leave the premises in the condition they were in at the start, fair wear and tear excepted, and reasonably clean. Damage beyond fair wear and tear, rubbish removal, cleaning to the entry standard, unpaid rent and unpaid utilities are all recoverable from the bond and, if the bond is exhausted, from the tenant directly. Fair wear and tear (faded paint, worn carpet in traffic areas, minor scuffs) is your cost, not theirs. The condition report signed at the start is the baseline; the tribunal compares entry and exit reports and photos, and awards the reasonable cost of putting things right, depreciated for age where it’s a replacement.

By state

• New South Wales. Residential Tenancies Act 2010. Claim through Rental Bonds Online; if you claim first, the tenant gets a 14-day Notice of Claim to dispute. Disputed claims and any amount above the bond go to NCAT.
• Victoria. Residential Tenancies Act 1997. Bonds sit with the RTBA. Without the renter’s agreement, you must apply to VCAT for a bond claim within 14 days after the tenancy ends, and VCAT also hears the claim for loss above the bond.
• Queensland. RTRA Act 2008. Lodge a Form 4 Refund of Rental Bond with the RTA; if the tenant disputes it, the RTA’s free dispute resolution (Form 16) comes first, then QCAT. Compensation claims must be filed within 6 months of becoming aware of the breach.
• Western Australia. Residential Tenancies Act 1987. Bonds are held by the Bond Administrator. A joint disposal form releases the bond by agreement; otherwise the Commissioner for Consumer Protection decides a disputed bond on written submissions, with an appeal to the Magistrates Court within 7 days. If you are claiming more than the bond, apply to the Magistrates Court for the bond and the excess.
• South Australia. Residential Tenancies Act 1995. Claim through CBS Residential Bonds Online; the tenant can counter-offer (each round has 10 days); if no agreement, the claim goes to SACAT, which also hears the claim above the bond.
• Tasmania. Residential Tenancy Act 1997. Claim through MyBond (Rental Deposit Authority); the tenant has 10 days to dispute; disputes are decided by the Residential Tenancy Commissioner. Amounts above the bond go to the Magistrates Court.
• Australian Capital Territory. Residential Tenancies Act 1997. Lodge a refund request with the Australian Capital Territory Rental Bonds Office; the tenant has 14 days to respond; disputes are referred to ACAT, which also hears the claim above the bond.
• Northern Territory. Residential Tenancies Act 1999. You must refund the bond, less itemised deductions, within 7 business days of the tenancy ending. Disputes and any shortfall go to NTCAT.

The Claim Done document asks your state first and drafts the claim to that state’s bond process and tribunal.

What to do right now

1. Do the exit report against the entry report, line by line. Same rooms, same order, same items. Photograph every defect with a date stamp and, where possible, from the same angle as the entry photo.
2. Get quotes, not guesses. Two quotes for repairs, an invoice for cleaning, a receipt for rubbish removal. Tribunals award proven costs, not “about $500 for the walls”.
3. Apply depreciation honestly. A 9-year-old carpet destroyed by a tenant is not worth a new carpet. Claim the remaining value (most tribunals use a 10-year life for carpet, 10 for paint) and you’ll look credible on everything else.
4. Lodge the bond claim in your state’s system. Itemised, with the total, within the time limits above.
5. Send a written demand for the shortfall. Itemise every cost, offset the bond, state the balance, give 14 days, and name the tribunal you’ll file in. Many tenants pay or negotiate at this point because they know the condition report is against them.

What loses bond claims (and how to avoid it)

The single biggest loser is a missing or vague entry condition report. “Walls: good” with no photos means the tenant’s “the marks were there when we moved in” is as good as your word. Next is claiming fair wear and tear: nail holes from picture hooks, minor scuffs, sun-faded curtains. Claiming those makes the tribunal doubt the rest of your list. Third is claiming new-for-old. Fourth is delay: sitting on the claim for months while you renovate makes it look like an upgrade rather than a repair. Claim promptly, claim only damage, prove every dollar.

Who to complain to

Bond authorities: Rental Bonds Online (New South Wales), RTBA (Victoria), RTA (Queensland), Bond Administrator (Western Australia), CBS (South Australia), MyBond / Rental Deposit Authority (Tasmania), Australian Capital Territory Rental Bonds Office, NT Consumer Affairs. For disputed bonds and the amount above the bond: NCAT, VCAT, QCAT, the Commissioner for Consumer Protection (Western Australia bond disputes) and the Western Australia Magistrates Court (appeals, and claims above the bond), SACAT, the Residential Tenancy Commissioner and Magistrates Court (Tasmania), ACAT, NTCAT.

Claim the bond and the shortfall — $49

Claim Done drafts a Landlord Bond and Damage Claim that itemises every item of damage, cleaning and arrears against the condition report, offsets the bond, demands the balance from the tenant within 14 days, and names the tribunal you’ll file in if they don’t pay.

Draft My Bond & Damage Claim — $49 →

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