Residential Tenancy Laws Are State-Based
Australia doesn't have a national rental law. Each state has its own Residential Tenancy Act with different rules for bonds, notice periods, repairs, and inspections. NSW, VIC, QLD, WA, SA, TAS, ACT, and NT all have slightly different requirements.
Always check your state's rules before finalizing a lease. Our generator adapts to your chosen state.
Essential Fields for Every Rental Agreement
- Full legal names of all landlords and tenants — not nicknames
- Property address — including unit/apartment number
- Lease type — fixed term (e.g. 12 months) or periodic (month-to-month)
- Start and end dates — "1 January 2026 to 31 December 2026"
- Rent amount — weekly, fortnightly, or monthly
- Rent due date — e.g., "rent due on the 1st of each month"
- Bond/deposit amount — usually 4 weeks' rent in most states
- Bond lodgement details — which agency holds the bond (e.g., NSW Fair Trading, RTBA VIC)
- Payment method — bank transfer, direct debit, etc.
- Landlord's contact details — address, phone, email
- Tenant's contact details
Fixed-Term vs Periodic Leases
Fixed-term lease: Runs for a set period (typically 6 or 12 months). Both landlord and tenant are locked in. Either party can break it with valid grounds and notice, but usually must pay compensation.
Periodic lease: Continues month-to-month after the fixed term ends (or instead of one). Either party can end it with notice (usually 2–4 weeks, depending on your state).
Most residential leases start fixed-term (12 months) and then convert to periodic.
Bond Lodgement Requirements by State
All Australian states require bond money to be held with an independent authority, not the landlord directly.
- NSW: Lodged with Fair Trading NSW
- VIC: Lodged with RTBA (Residential Tenancy Bond Authority)
- QLD: Lodged with Residential Tenancy Authority of Queensland
- WA: Lodged with Rental Bonds Scheme WA
- SA: Lodged with SA Housing Trust (South Australia)
- TAS: Lodged with Consumer Affairs and Fair Trading Tasmania
- ACT: Lodged with ACT Human Rights Commission
- NT: Lodged with NT Department of Attorney-General
Failing to lodge a bond with the correct authority is illegal and can result in fines and tenants being able to terminate leases.
What Tenants Should Know About Bonds
The bond is security, not rent. It's refundable at the end of the lease (minus deductions for damage beyond normal wear and tear, unpaid rent, or cleaning). Landlords can't use bonds for rent arrears without following proper dispute processes.
Optional But Important Clauses
- Pets: Are pets allowed? If yes, what type and size? Some landlords charge pet bonds
- No smoking indoors: Most leases prohibit indoor smoking due to health regulations
- Maintenance responsibility: Who pays for repairs? Usually landlord pays for structural issues; tenant pays for damage they cause
- Inspection schedule: Most states allow landlord inspections every 3 months with 7 days' notice
- Early termination conditions: Under what circumstances can either party break the lease early? What fees apply?
- Notice to vacate: How much notice must a tenant give? Usually 2–4 weeks in most states
- Guests and sublets: Can tenants have long-term guests? Can they sublet? Specify rules
Repairs and Maintenance Responsibilities
Landlord is responsible for:
- Major structural repairs (roof, walls, foundation)
- Appliances that came with the property (if they're faulty)
- Plumbing, electrical, heating systems
- General wear and tear maintenance
Tenant is responsible for:
- Damage they cause (beyond normal wear and tear)
- Regular cleaning and minor maintenance (changing lightbulbs, cleaning gutters)
- Damage caused by guests or pets they've introduced
Move-Out Condition and Bond Returns
At the end of the lease, the property must be returned in the same condition as the start (minus normal wear and tear). Tenants often request an "end-of-lease clean" to ensure no deductions from bond.
If the landlord makes deductions, they must justify them to the bond authority. Tenants can dispute unfair deductions at the bond authority's dispute resolution process.
Common Lease Pitfalls to Avoid
- Holding the bond yourself: Illegal. Must be lodged with the state authority
- Excessive bond: Most states limit bonds to 4 weeks' rent. Higher amounts are invalid
- Non-refundable bonds or fees: Most state laws say all bonds must be refundable minus legitimate deductions
- Unfair clauses: Clauses that violate state tenancy laws are void (e.g., "tenant liable for all damages regardless")
- No inspection schedule: Specify when and how often you'll inspect the property with proper notice