Tenancy for renters

Starting a tenancy

When searching for a property, keep in mind that a landlord or agent can’t offer a home for rent unless there is a fixed amount stated in the advertisement. The landlord or agent can’t ask or encourage you to offer a higher amount than what is advertised.

For more information on the prohibition on rent bidding, see Rent Bidding on the NSW Fair Trading website.

At the start of the tenancy, the landlord or agent can only ask you to pay a holding fee, rent in advance and a rental bond. It is illegal for them to charge you any fees to prepare the tenancy agreement or for background checks.

It is best practice for a residential tenancy agreement – also called a lease or a rental agreement – to be in writing. It is usually best to use the standard residential tenancy agreement form. A tenancy agreement can also be oral, for example a conversation with the landlord. It can be partly oral and partly in writing, for example a conversation and then emails or text messages or another written document.

Even if you don’t have a written agreement, you can still have a valid residential tenancy agreement and be covered by the rules and obligations for tenants and landlords. Importantly, there is an exception to this in the case of share housing.

You will be given a condition report when you move in. Make sure you check the report and take photos of the premises for your own records. You can add things that are not included in the condition report.

For more information, see Starting a tenancy on the Tenants' Union NSW website.

Bond

When you start a tenancy, the landlord or agent will ask you to pay a rental bond. This is usually an amount equal to four weeks’ rent.

You can pay the bond to your landlord or agent, or directly to NSW Fair Trading.

Your landlord or agent must submit the bond with NSW Fair Trading.

When you move out of the property, you can claim the bond back unless your landlord or agent makes a claim for all or part of the bond. They can do this if you owe rent, damaged the property, left the property unclean or didn’t return the keys.

For more information about bonds, see Bond Kit: Guide to protecting your bond on the Tenants Union NSW website.

Repairs and maintenance

Your landlord must keep the property in a reasonable condition. You are responsible for any damage that you have caused. You must ask for permission before making any changes to the premises.

If you want repairs to be done, you must notify your landlord or agent. 

You can arrange for urgent repairs to get done if the cost of the work is up to $1,000.  Urgent repairs include things like serious plumbing or roof leak, electrical faults or broken hot water service, blocked toilet, broken stove, storm or fire damage, or gas leak.

If the cost is more than $1,000, you will need to apply to the NSW Civil and Administrative Tribunal (NCAT) for an order. You must keep receipts for the repairs if you want to be reimbursed.

For more information, see Repairs and Maintenance on the Tenants Union NSW website. To see what repairs are urgent, see Urgent repairs in residential rental properties on the NSW Government website.

Pets

You can keep pets in your rental properties if your landlord agrees. You don’t need your landlord’s agreement to have an assistance animal. You should still tell your landlord that you have an assistance animal.

You need to use the Form to apply to keep a pet in the rental property to ask your landlord for their agreement. You don’t need to use this form if your landlord has already agreed to your request.

Your landlord has 21 days to reply to your request from when you send them the form.

If your landlord agrees, they can set ‘reasonable conditions’. For example:

• that you get the carpet cleaned when you move out, if your pet is going to live inside
• that your pet is kept outside, if it is the type of animal that normally lives outside, like a horse, chicken, cow or goat.

 A reasonable condition does not include increasing the rent or bond.

If your landlord refuses, they must give a valid reason, such as:

• there would be too many animals at the property
• the property isn’t suitable for the animal, for example because of inadequate fencing, lack of open space, or if it would harm the animal’s welfare
• the animal might cause damage to the property that would cost more than the bond to repair
• the landlord lives at the property
• having the animal would break the law or other rules, like local council rules or strata by-laws, or
• you did not agree to the landlord’s reasonable conditions.

If your landlord doesn’t respond to your request within 21 days, the law assumes that they have agreed to your request with no conditions.

If the landlord refuses your request or imposes conditions that you do not agree with, you can apply to the NSW Civil and Administrative Tribunal (NCAT) within 28 days from the refusal.

For more information, see Pets on the Tenants' Union of NSW website.

Rent, water and utility arrears

You must pay the rent as set out in your tenancy agreement on or before the due date. You must also pay any water or utilities that you are responsible for. If you don’t, you will be breaching your tenancy  agreement.

Your landlord can give you a termination notice if you are 14 days behind.

If you are experiencing financial hardship, you should speak to a financial counsellor to get help.

For more information, see Rent, water and utility arrears.

If you want to end your tenancy

If you want to end your lease early, you will need to give notice to your landlord or agent depending on the reasons.

You can end your tenancy:

• at the end of the fixed term
• if the premises are unusable
• if you are in financial hardship

for breach of disclosure requirements (certain important things that the landlord/agent intentionally didn’t tell you before you signed the lease).You should get legal advice before deciding to end your tenancy early.

For more information, see How do I end my tenancy? on the Tenants Union NSW website.

Ending your tenancy due to domestic violence

If you (or your child) are experiencing domestic violence, you can give your landlord a domestic violence termination notice to end your tenancy immediately.

You won’t have to pay a fee for ending your tenancy early and your landlord can’t add your information to a tenancy database.

For more information, see Domestic violence termination notice.

Disputes with your landlord

The NSW Civil and Administrative Tribunal (NCAT) can hear disputes between you and your landlord.

NCAT can make orders:

• to end the tenancy agreement
• for the payment of the rental bond (up to $30,000)
• for compensation be paid to the landlord or tenant (up to $15,000)
• that a rent increase is excessive
• that a term of the agreement must be complied with.

The landlord or agent can apply to NCAT for a termination order if you have not vacated the property by the date stated on the termination notice.

You will receive a letter from NCAT with the date and time for the hearing.

NCAT will make a termination order if they are satisfied that the correct notice was given. You will be given a date to move out of the property. If you don’t move out by the date set by NCAT, your landlord or agent can apply for a Warrant for Possession.

Eviction

If your landlord wants you to leave your rental property, they must end your tenancy agreement. To do this, they must give you a termination notice.

Your landlord must have a valid reason to end the agreement and give you the right amount of notice.

If you don’t move out by the date in the termination notice, your landlord can apply to NCAT for an order to end your tenancy.

If NCAT ends your tenancy, it will give you a date when you have to move out. If you don’t move out, your landlord can apply for a warrant of possession to evict you. If NCAT issues a warrant, the Sheriff will come to your rental property and remove you and your belongings from the property.

Your landlord can lock you out of the property if you are evicted by the Sheriff.

If your landlord gave you a termination notice after you tried to enforce your rights, this is called retaliatory eviction. You can apply to NCAT for an order that the termination notice was retaliatory and is invalid.

For more information, see Eviction. 

Goods left behind

If you left your goods behind, you should make arrangements with the landlord or agent to collect your goods.

Your landlord or agent must give you notice to collect your goods before they are allowed to dispose of them. The period of notice depends on the value of the goods.

Your landlord can dispose of perishable items without notice. 

If there is a dispute about the goods, you can apply to NCAT for an order. 

For more information, see Uncollected goods.

Death of a tenant

Your tenancy agreement doesn’t end if you die. It transfers to your estate and will be managed by your executor. Your estate will have to continue paying rent, water and utilities until your tenancy is ended.

If you are a sole tenant, your executor can give a termination notice to your landlord to end your tenancy. Your landlord can give your executor a termination notice.

Your estate can stop paying rent when your landlord has the property back.

If you don’t have a will, your family may be able to talk to your landlord about removing your belongings and ending your tenancy.

For information about how to make a will, see Wills.

If your co-tenant dies, you can:

• stay in the property, or
• end your tenancy by giving your landlord a termination notice with at least 21 days’ notice.

For more information, see Death of a tenant on the Tenants Union of NSW website.

Last updated: April 2026