My bond

Can they keep my bond?

Caps, lodgement, and what a landlord can actually claim.

1. 01Your bond cannot be more than 4 weeks rent

   s 159

   A landlord or agent cannot ask for a rental bond worth more than 4 weeks rent. That is the cap, whatever the property, and it applies no matter how competitive the market is.

   You might have been told: "You need 6 weeks bond to secure this place." Not lawful in NSW.

   Next step: If you have been asked for more than 4 weeks rent as bond, ask for it in writing, then contact NSW Fair Trading on 13 32 20.

   Residential Tenancies Act 2010 (NSW) s 159

2. 02Your bond must be lodged with NSW Fair Trading

   s 160

   Your bond is not the landlord's money to hold. It must be paid to the Secretary (NSW Fair Trading) within 10 working days of being received, and you should get confirmation from Rental Bonds Online.

   You might have been told: "The agent holds the bond in their trust account." Bonds are held by NSW Fair Trading, not your agent.

   Next step: Check your bond appears in Rental Bonds Online. If it is not there after a few weeks, ask the agent in writing for the bond lodgement number.

   Residential Tenancies Act 2010 (NSW) s 160

3. 03You do not have to agree to a bond deduction

   s 159

   At the end of a tenancy the bond is yours unless the landlord shows a lawful reason to claim it — unpaid rent, damage beyond fair wear and tear, or cleaning that was genuinely needed. Fair wear and tear is not damage.

   You might have been told: "The carpet is three years old, so you are paying for a full replacement." Fair wear and tear cannot be charged to you.

   Next step: If you dispute a claim, do not agree in Rental Bonds Online. Send your entry condition report and photos, then apply to NCAT for a bond order.

   Residential Tenancies Act 2010 (NSW) s 159 (bond), Part 7 (disputes go to NCAT)