This is the process the landlord must go through to have money paid out of the bond to them as compensation for a breach of the rental tenancy agreement.
Tips
Take note of time restraints and give tenants prior notice and warning about damage or cleanliness issues as they arise.
State or Territory Requirements
NSW
The landlord can submit a claim to Rental Bonds Online. Fair Trading will then send a notice to the tenant. This gives the tenant 14 days to contest the claim.
QLD
If an agreement is reached between the landlord and tenant, an application to the RTA can be made to have the bond paid out.
If the landlord wants to have the money returned, they can make a separate application. The RTA will then notify the person or contributors who paid the bond of the application.
VIC
If the tenant and the landlord agree, a joint application to the Rental Tenancies Bond Authority can be made to have the bond paid out.
The landlord can make an application for a refund to the Tribunal if rent has accrued and is unpaid, or once the tenant has left the rental property, if the landlord is unable to agree with the tenant about how the bond should be paid.
The landlord may apply to the Tribunal for a determination directing the Authority to pay out a part or the whole of the bond.
The landlord’s application must be made within 10 business days after the tenant vacates the property (or the landlord becomes aware that the tenant has abandoned the property).
ACT
The landlord or agent can lodge a claim for a refund form. Forms can be sent by mail or by email. The tenant is then notified by the territory and has 2 weeks to reply by notification to the territory in writing to dispute the application.
SA
An application must be made to the Commissioner.
WA
After the final inspection and the tenant has terminated the rental agreement, the landlord needs the tenant’s signature for the ‘Joint application for disposal of security bond’ form or for the tenant to acknowledge their approval online. If there is a dispute, see (What to do if a bond or security deposit dispute arises?)
TAS
On termination of a tenancy agreement, the landlord (owner) must:
The owner must give a signed copy of a claim form to the tenant. (Not more than 3 working days after the termination of the agreement) and
If the claim form outlines that the landlord wants to use some of the bond money, they need to give to the tenant a notice stating the reasons why
NT
The landlord may fill out and sign a condition report in the presence of the tenant (or a representative) before giving it to the tenant within 3 business days after possession is given up. If this is not practical, or the representative does not turn up, this step can still be completed.
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These legal guides provide a brief summary and introduction of the laws and regulations affecting renting. They do not cover all cases and might not apply to your specific rental property situation. It is important that you use this information as a guide only and seek independent Legal Advice or consult the Relevant Legislation. Snug does not accept any liability that may arise from the use of this information.