Renting in Australia: Key Points to Read Carefully Before You Sign

Signing a tenancy agreement is one of the most common legal commitments newcomers to Australia have to make, and it is often the first time many people deal directly with a legally binding contract in English here. This article sets out the most important points to understand before you sign.

Tenancy law differs between states and territories. The information here is general; check the specific rules in the state where you live. When you need advice on a specific situation, contact the Consumer Affairs body or the Tenants Union in that state.

Type of agreement and term

Australia has two common types of tenancy agreement:

Fixed-term: Signed for a specific period (often 6 or 12 months). Both parties are bound by the terms until the agreement ends. Ending it early usually comes with financial obligations.

Periodic (no fixed end date): Continues indefinitely on a cycle (usually weekly or monthly) until one party gives notice to end it. More flexible, but usually less stable.

Before you sign, confirm: how long the agreement runs, and what happens when it ends (does it automatically roll over to periodic, or do you have to sign again?).

The bond

The bond is an amount the tenant pays before moving in, usually equal to a set number of weeks’ rent, to secure the tenant’s obligations. The bond is held by an independent government body (for example, the Residential Tenancies Bond Authority in Victoria, or NSW Fair Trading in NSW), not by the landlord.

What to know:

When you move out, the bond must be refunded in full, less any valid deductions (damage beyond normal wear and tear, rent still owed).
If there is a dispute about the bond, both the tenant and the landlord can apply to a tribunal.
Keep the bond receipt and make sure the bond is registered properly.

The condition report

When you move in, you will be given (or need to complete) a condition report that records the state of each room and item at the time you take possession. This is the most important document when you move out.

Go through each item in the report carefully and take extra photos of all existing cracks, stains, and broken items.
Note and sign the report, and keep your own copy.
If the report misses existing damage, add it before signing and ask the agent to confirm.

Not completing the condition report fully means you risk having the bond deducted for damage you did not cause.

Responsibility for repairs

The landlord is responsible for keeping the property in a habitable and safe condition. This includes repairing damage not caused by the tenant.

Urgent repairs (water leaks, broken heating, electrical faults): the landlord must act quickly, in many states within 24 hours. Contact them in writing (email or text) to have a record.
Non-urgent repairs: must also be dealt with within a reasonable time after being notified in writing.
If the landlord does not respond, the state Consumer Affairs body or a tribunal can step in.

Additional charges and fees

The agreement may include terms about electricity, water, internet, and insurance. Read them carefully:

Do you have to pay the electricity and gas bills yourself?
Water usage: all of it, or only the amount above a set level?
Is there a cleaning or carpet-cleaning fee when you leave? (This term may not be valid, depending on the state.)

Privacy and the landlord entering the property

You have the right to quiet enjoyment of the property you have rented. The landlord or agent must give advance notice in writing before entering, and the notice period required differs between states, but they cannot enter at will.

Exception: a genuine emergency (fire, gas leak, and so on) does not require advance notice.

Ending the agreement

Both the landlord and the tenant must comply with the required notice period before ending the agreement. This period differs depending on the type of agreement (fixed-term or periodic) and on the state.

The notice must be in writing.
Ending a fixed-term agreement early usually requires negotiation and may incur costs (a break fee).
Keep proof of the date you gave notice.

For more, see the related guide on the basic rights of tenants in Australia.