Rental bond not returned? How to get it back in each state

Except in the Northern Territory, your bond is lodged with a government body, not kept by the landlord or agent:

• NSW: NSW Fair Trading, through Rental Bonds Online
• VIC: the Residential Tenancies Bond Authority (RTBA)
• QLD: the Residential Tenancies Authority (RTA)
• WA: the Bond Administrator at Consumer Protection
• SA: Consumer and Business Services (CBS), through Residential Bonds Online
• TAS: the Rental Deposit Authority
• ACT: the ACT Revenue Office
• NT: there is no bond board, so the landlord or agent holds the security deposit, which can’t be more than four weeks’ rent

Because the authority holds the money, the landlord can’t simply keep it. They need your agreement, or they need to win the dispute.

The easiest path is a joint claim. You and the agent agree on the split and lodge it, and the authority pays out quickly. If you can’t agree, either side can usually lodge a claim alone. The authority then notifies the other party, who gets a fixed window to dispute it. If they do nothing, the money is paid as claimed.

Two rules protect you:

• Don’t sign a claim form that gives the landlord money you haven’t agreed to.
• Watch your email and phone after you move out. Missing a dispute window is the most common way tenants lose bond money.

• NSW: if the landlord or agent disputes your claim, they must apply to NCAT within 14 days of the notice and tell Fair Trading. If they claim and you disagree, apply to NCAT and log in to Rental Bonds Online before the “due for payment” date so the bond is frozen. You can still go to NCAT within six months after a bond is paid out.
• VIC: you can claim straight from the RTBA. The rental provider then has 14 days to apply to VCAT, or the RTBA pays you. If the landlord starts the claim instead, you have 14 days to accept it.
• QLD: after the RTA sends a Notice of claim, the other party has 14 days to dispute it with a Dispute resolution request (Form 16). The RTA then offers free conciliation. If that fails, the RTA issues a notice that lets either side go to QCAT within the time stated on it. For bonds lodged from 30 September 2024, the owner or manager must give you supporting evidence within 14 days of claiming or disputing.
• WA: since the 2024 reforms, anyone named on the bond can apply for its release, the landlord must explain any claim, and the Commissioner for Consumer Protection can decide most disputes without court.
• SA: through Residential Bonds Online the parties can swap counter-offers, each with a 10-day window. If it isn’t settled, it goes to SACAT, and CBS pays out under SACAT’s order.
• TAS: a disputed claim is referred to the Residential Tenancy Commissioner, who reviews the evidence and issues a determination. You have 7 days to appeal it to the Magistrates Court.
• ACT: the Revenue Office refers disputed bonds to ACAT itself, so neither side pays an application fee.
• NT: if your deposit is withheld, apply to NTCAT for its return. A landlord holding money for lease-break losses must apply to NTCAT within three months of getting vacant possession, or return it.

Generally, a landlord can claim for real losses caused by you breaking the lease or the tenancy laws, such as:

• Unpaid rent
• Damage beyond fair wear and tear, like holes in walls or burns in carpet
• Cleaning needed to return the place to the condition shown on the entry condition report
• Unpaid water or other charges you agreed to pay in the lease

Fair wear and tear can’t be charged. Faded paint, carpet worn along walkways, loose door handles from normal use and minor scuffs are part of living in a home. In Tasmania and Queensland, official guidance stresses the owner must back the claim with evidence of an actual loss, and the same principle applies at every tribunal.

1. Get it itemised. Ask the agent in writing for a list of each deduction with quotes, invoices or receipts.
2. Compare condition reports. Put the entry and exit condition reports side by side. Anything noted at the start isn’t your damage.
3. Use your photos. Dated photos and videos from move-in and move-out day are the strongest evidence you have.
4. Offer a fair split. If one item is genuinely yours, agreeing to it can get the rest released faster.
5. Lodge or respond before the deadline. Put the dispute date in your calendar the day you get any notice.

Bond hearings are designed for people without lawyers. Bring your lease, both condition reports, photos, receipts, and your emails or texts with the agent. Keep your argument to the specific items in dispute and what the evidence shows.

Free help is available from tenant advocacy services such as the Tenants’ Union of NSW, Tenants Victoria and RentRight SA, and from community legal centres. This is general information, not legal advice, and each state’s rules have details this page can’t cover.

If you’re unsure how the rules apply to your bond, you can ask an expert in a $1 chat (priced in USD) at helpbyexperts.com.